传统观念认为,公共利益优先于私人利益。但在当前更加强调尊重和保护私权的背景下,该种观念的正当性值得进一步检讨,不能认为私权相对于公权始终处于附属地位。在特定情况下,行政权力依法行使的内涵中应包含尊重私权,国家公权在行使过程中应注意对民事主体私权利的保护。 The traditional view is that the public interest takes precedence over private interests. However, given the current emphasis on respecting and protecting private rights, the legitimacy of this concept deserves further review. It can not be argued that private rights are always in a subsidiary position relative to public power. Under certain circumstances, the connotation of exercising administrative power according to law should include respect for private rights and the state public power should pay attention to the protection of private subjects’ civil rights in the course of exercise.