从民法的基本原则来认识公法与私法的划分

The differentiation between public law and private law from the basic principles of the civil law

很长一段时间来 ,我国法学界不承认在我国法律规范体系中有公法和私法的划分 ,过多强调民事关系的国家意志性 ,忽视对公民和法人意志的尊重。近年来 ,随着我国法制的不断健全完善 ,我们不得不修正原有的观点 ,承认公法与私法的划分。本文主要从民法的平等、自愿。

For quite a long time,our law circles,not accepting the differentiation between public law and private law in the system of law standards,laid too much stress on state will in civil cases whereas neglected the will of citizens and legal people.With the continuous perfection of the legal system of our country in recent years, we have had to revise our former idea and admit to the differentiation. This article takes up the question and discusses it from the angle of some basic principles of the civil law:equality,voluntary participation and being fair.