私法理念与行政法的契合

Accord between Private Law and Administrative Law

在传统理论中私法与公法是截然对立的 ,随着社会的发展 ,公法与私法的相互融合已经成为了一种趋势。私法理念包括平等理念、公平理念、自由意志理念、诚信理念以及义务、责任理念。这些理念在行政法中的引入会使行政法更加符合人性 ,会促进行政相对人参与意识的提高 ,会充分限制行政权力的滥用。

In traditional theories, private law is completely opposite with public law. Wit h the progress of the society, the merger between public law and private law has become a tendency. The thought and awareness of private law consist of that of equality, justice, free will, sincerity, and that of obligations and liabilities . The introduction of these thoughts and awareness will not only make administra tive law more in accordance to human nature, but will also promote the participa tion awareness in the relevant parts, and will fully restrict the abuse of admin istrative power.