论作为支配性力量的权力资源

权力论题迄未进入中国法学的主要研究视野,这同中国的旧有传统和学术方式颇有关联。西方自希腊以降,一直以权力论题为学术和实践的双重主旋之律,权力界说驳杂而富足:有罗马人的"能力说",霍布斯的"因果关系说",韦伯的"可能说",伯特兰·罗素的"结果说",萨托利的"力量说",还有迪韦尔热的"影响说"。考察古今权力现象和权力界说,权力实际是一种具有支配性力量的社会资源。权力能为人们带来好处,帮助人们实现自己的意志和愿望,对社会主体和其他资源发生影响;权力体现主体之间和资源之间不对等的关系,以直接强制性为后盾。权力是一柄双刃剑,在现代法治环境下,它能充分显现正面价值;在落后昏暗的制度下,它会弊病丛生甚至肆意为虐。人注定要过社会生活的本性使人们无法与权力脱离关系,人在多数时候都处于权力的网络之中和权力的支配之下。权力握于谁手,意味着他与相关的人和组织形成什么样的连带关系,意味着什么人可以获取何种社会资源。

On Power Resource as a Dominating Factor

Power topic has not come into the view of the mainstream legal research in China yet, and this kind of situation is relevant to Chinese traditions and academic approaches. Power topic has been taken as the dual themes of both academics and practice in the west since Ancient Greece, and various definitions of power have been given. The author put forward that power is a kind of social resources as dominating factors. Power can benefit people, help realize the wills and purposes of people, and influence the social subjects and other resources. Power reflects unequal relationship between subjects and between resources and is backed up by immediate compulsory force. Power is a sharp double-edge sword, which can fully demonstrate its positive values under the modern rule-of-law, may cause various evils, and even tyrannize willfully under the autocratic system. The human nature that man is destined to live a social life makes it impossible for man to sever himself from power, and man has been in the network of or under the control of power for most of the time. Who holds power means that what kinds of the relationship will form between him and relevant persons and organizations, and that what kinds of persons can obtain what kinds of resources. If real freedom is wanted, power relations must be dealt well with to realize the positive values and avoid the possible evils of power resource; power should not be simply taken as the source of all evils, or be looked at disdainfully at a long distance, just because of extremely detested corruption and abuse of power.