On The Bourn And Connection Between The Administrative Law And The Civil Law

In order to protect rights of people and realize the rule of good law, we should differentiatebetween the public law and the civil law; compartmentalize the field that they operate in. Only bythis way can we prevent public powers from invading civil fields and cultivate the awareness ofcivil rights and civil law. At the same time , it is worth noticing that the public law and the civil lawinfluence each other.As for basic theories in law, there are still some limitations on the fundamental question inour academic field. That the law is the will embodiment of the ruling class is a representative pointof positivist as it lacks of considerations for the value and facts on which law bases. Thestandpoint of distinguish ing the public law from the civil law has not been accepted as definitelyas some had expected. Even though some scholars strongly approve the standpoint, they cannotreach an agreement on the nature of the public law and the private law and their differentiationcriterion . It is those limitation s that lead to some baffles in practice, such as civil rights beingintervene d by public powers, and the so-many difficulties in getting relieves from administrativetorts, and the civil rights abused frequently , etc. Only by distinguish ing the public law from thecivil law and compartmentalizing the measurable fields that they operate in can the aboveproblems be resolved to some extent. Only in this way can we ensure their regulation neitherexceeding authority nor going by the board.On the criterion employed to identify administrative law and civil law, we can keep on citingthe standard of distinguish ing the public law from the civil law. Those criterions, such as fields,benefits, abilities of market, cost and efficiency, are more important thereinto . Firstly, theadministrative law is law for politic body while the civil law in citizen s society. Secondly, theadministrative law severs for the benefit of the public; the civil law relates to private interestsmore. Thirdly, the affairs that market itself can resolve should be regulated by the civil law; as forthe affairs beyond market's capability we need the administrative law to control. Fourthly, whenselecting regulations, we should balance the cost and output led by the decision. Of course, theabove-mentioned rules are not absolute. When applying these rules, comprehensive considerationbased on social development is quite necessary.Not only should the ambit be emphasized but the phenomenon that the public law and thecivil law influence each other should not be ignored as well.