关于公法与私法界定之反思

社会交往中产生的冲突,需要用不同的方式加以解决。法治社会中,法律越来越得到重视。公法在调整社会关系时,通常依据公权力的直接作用,私法在调整社会关系时,通常依据公权力的间接作用。依据这一特点,将法律区分为公法和私法,对解决我国现实问题具有重要意义。

Reflection on Delimitation of the Public law and the Private Law

Confliction between people has to be solved in the ascertain way.Depending law to solve confliction has been attached importance to.The public law relies on the direct application of the public power.On the contrary,the private law has to be employed indirectly.From a new perspective,a new way has been proposed in this paper to delimit the public law and its private peer by the difference in the process of their legal exercises.The implication and importance of a clear delimitation has been illustrated too.