论公私法划分及其对中国法制的意义

公私法划分是大陆法系的基本法律分类。随着大陆法系学者对英美法系法律了解的深入,很多学者发现公私法划分并不是先进法律的必备要求,因此怀疑大陆法系是否有坚持划分公私法的必要性。但事实上二者还是有很大区别的,是有区分必要的。而且鉴于中国传统重公法轻私法思想,以及现今发展社会主义市场经济的国情,划分公法与私法对我国有重大意义。

The Division of Public & Private Law and Its Significance on Chinese Legal System

Public and private law is civil law division of the basic legal categories.The more the scholars of the civil law have studied on common law,the more they have found that the division of public-private law is not an essential requirement of advanced law.Therefore they wonder if it′s necessary to uphold the division of public and private law.However,there is a distinction between the two,so the division is needed.As far as traditional Chinese law and the current development of the socialist market economy conditions are concerned,private law is not as important as public law economy conditions.That′s why the division of public and private law is of great significance to China.