Journal of Jishou University(Social Sciences) ›› 2006, Vol. 27 ›› Issue (6): 133-139.

• Law • Previous Articles     Next Articles

The Dimension Inspection and Concept Separation of Public Law and Private Law

  

  1. (College of Politics and Law,Jishou University,Jishou Hunan 416000,China)
  • Online:2006-11-15 Published:2012-06-20

Abstract: For quite a long time,scholars have proposed various theories to distinct public law and private law.However,none of them is thorough enough to meet satisfaction.In fact,“public” is a concept which does not necessarily mean “state”.To define public law as “state public power” is a misinterpretation.Similarly,“private” is a concept corresponding to “public”.The formation of private field is based on the dual separation of state and family,and “individual” does not constitute a necessary element in private field initially.With the development of society,individualism gradually breaks the restrain of state and family,and determines its final value in private law.The dimensional difference between public law and private law leads to different value orientation,and decides their character difference.

Key words: public law, private law, value, dimension

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