从公法私法角度看民法的性质——民法私法性的再认识

Review of Nature of Civil Law from Public and Private Law's Angles——Re-cognition about Private Law Nature of Civil Law

公法、私法的划分为明晰公民社会与市民社会起到了重要作用。随着国家干预私人利益、追求实质平等的价值观逐渐运用到立法中,公法与私法的划分就不再明显,学术界划分标准也不统一。民法既包含人格这一传统意义上的公法性规定,也融入众多其他公法性规定。

The divide between the public law and private law is very important to the clarification of public society and civil society. With the country＇s intervention in the private benefits, and the value of the pursuit of the essence equality gradually adopted in the legislation, the divide of public law and private law becomes not very obvious, and the academic circles do not have a unified criterion of the divide. The civil law embraces human right, which is defined by tradional public law, and also absorbs many other regulations pertaining to the public law.