公法与私法的划分是市场经济立法的基础

The Discrimination of the Public Law and the Private Law is the Basis of the Market-Economic Legislation

市场经济的内在运行规律要求建立公法与私法相分离的市场法律体系。本文从公法与私法产生的历史渊源论述了两者相区别的意义 ,阐明了公法与私法各自的定位和作用范围 ,澄清了我国理论界对公法和私法划分上存在的误区 ,为市场经济的立法奠定了法理基础。

The internal law of the movement of the market-economy demands a system of the market law in which the public law and the private law are distinguished. This article discusses the significance of the discrimination of the pubic law and the private law from their historical origin. In this article, the orientation and purview of the public law and the private law are clarified respectively, and the misunderstandings in their discrimination in the academic circles are cleared up too. All this may become legal principles for legislation in the market economy.