论民法的公法性

Preliminary Study on the Nature of Civil Law from the Perspective of Public Law

近现代以来,随着商品经济的蓬勃发展,单纯的私法领域和单纯的公法领域已不存在,公法和私法有相互融合的趋势。在这种背景条件下,各国民事法律中不得以当事人的合意加以变更的强行性规定有所增加。公法性因素对民法的逐步渗透使得民法的公法性的体现有所增强。对民法公法性的探讨,有助于我们从更加全面的角度充分认识民法,把握国家对私法领域的适度干预,使社会经济得到更为长久的繁荣发展。

With the vigorous development of commodity economy in modern times, the simple private law and public law have disappeared and there is a trend that public law and private law begin to merge with each other. In such a background, the mandatory provisions where the parties＇ agreement shall not be changed in each country＇s civil law become stricter than be- fore. Meanwhile, the gradual infiltration of public factors into civil law makes more obvious the public law nature of civil law. Based on that, a probe into the nature of civil law from the perspective of public law will help better understand civil law from a more comprehensive angle so that our country＇ s moderate intervention of private law may he well mastered, which will stim- ulate the long-term prosperous development of our country＇s economy.