论私法对行政法的影响

The Influence of Private Law over Administrative Law

传统上行政法属于公法,有自己独特的理念和一系列的行为规则,但在现代社会,随着科技的进步,市场经济的发展,公民权利意识的增长,以及福利国家,给付行政理念的兴起,传统的行政法受到冲击,私法的精神,私法的方式日益向行政法渗透,私法的渗透对现代行政法的理念和实践都产生了深远影响,具有积极意义。

The tradition the administrative law belongs to the public law, having self distinctive idea and a series of behavior rule. But in the modem society, with scientific and technological progress as well as the development of market economy, the consciousness of civil right has grown, the ideas of welfare country and paid administration also being on the rise. The tradition administrative law is in face of great impact, and the spirit and the way of private law have gradually penetrated into the administrative law, which has profound influence on the idea and the practice of modern administrative law with active significance.