略论公私法划分理论

On the Division of Public and Private Law Theory

一直以来,在大陆法系国家的法律中,公法和私法被认为是法律的基本分类,但也是一个历久弥新的话题。凡是维护国家利益和整个社会利益的法律是公法,它主要调整国家机关与国家机关之间、国家机关与私人、私团体之间以及整个社会利益之间的关系。凡是维护一切私人或私团体的利益的法律是私法,属于与国家权力无关的私的领域所发生的社会关系即由私法调整。

In continental legal system countries, the division of the public and private law has been considered as the basic classification, but also a renewing topic for ever. The law to safeguard national interests and the interests of the whole society is public law, which is mainly to adjust the relations among government agencies, and the interests in relations between government agency and private individuals, private organizations, and the relations among the whole society. The law to safeguard all the interests of any personal or private organizations is private law, which is applied to adjust the social relations that have taken place in private areas that state power is unrelated to.