公私法的汇合与行政法演进

Convergence of Public and Private Law and the Development of Administrative Law

公私法的区分在西方各国行政法上有着不同的法律意义,当代社会生活的实际使得公私关系出现了胶着与合作的一面,这引发了公私法的交叉与汇合,并在行政法领域有诸多深刻表现,中国的实践也不例外。但从历史背景和法律现实上看,我们的理论并不充分,公私法的协调也差强人意。鉴此,应在尊重私权的前提下,在更新观念的基础上,积极探寻公私合作,梳理公私法关系。这般背景给中国行政法及相关理念引来了新的任务与思考。

From administrative law perspective, there are different implications with respect to the distinction between public law and private law in Western countries. Social practice in contemporary times has resulted in an interrelated and cooperative phenomenon between public and private that has triggered the convergence between public law and private law. Numerous aspects in administrative law arena can be reflective of the convergence. There is no exception with Chinese practice in this context. Nevertheless, neither the corresponding theories nor the coordination between public law and private law is satisfying in China. Under this circumstance, we need to actively explore the cooperation between public and private, and to renovate the relationship between the two fields of law, on the premise of respecting private rights and modernizing our ideas. All of these have been generating new task and inspiration for Chinese administrative law studies and conceptions.