On The Civil Restriction Of The Administrative Legislation

From ancient times so far, human life is divided into common land and private land promptly, the law is divided into the common law and private law. Though the division standard of private and common law is changeable; theory of the division insists and spreads. In the modern society, the popularization and promoting of the private right consciousness changed the environments and visual angles of the theoretical research of administrative law .Meanwhile, enhancement of government's function and the complicating of social life make traditional administrative power derive out such many kinds of shapes as administrative legislation, administration, administrative justice, reaching every aspect of social life. Administrative legislation field of our country reflected the expansion of administrative power too. The administrative legislation influences the civil legal relation that has already existed directly or indirectly, while establishing, adjusting some administrative legal relations. Since the end of 19th century and the beginning of the 20th century, with the development of social economic life, administrative legislative power got involved in and permeated the certainty and proper of having its history of the private field constantly. However, because of all kinds of reasons, the civil restriction phenomenon in the administrative legislation demonstrates the trend of melting, has caused a lot of questions in administrative legislation practice. The different value orientation that civil law and administrative law have conflicts and collides here. This thesis enters the way along the thinking of the legislative impact on private right, and launched the study on civil restriction problem in the administrative legislation, and attempt to probe into the legal principle back of realistic representation, and explore the reason of promoting the development of administrative legislation practice, and then seek to solve the realistic problem method rationally.This page thesis has used the research approach that discipline cross, has reflected the reference of every discipline while studying in law science; used...