Functions Of Public Law And Private Law In China's Market Economy

With private law adjusting the market economy mostly, the normal development of the market order must be adjusted by public law. Public law, whose function is to remove the barriers to free and equal competition of civil law in the market, cannot adjust the market economy order dependently instead of private law. The function of public law and private law is the centre and major. It is to be solved in the article that the way the public law and the private law work, the significance of them and the place needed to be improved for the development of the market economyIn the market economy practice of various countries, market plays a leading role in the economical development while the country counts, too. The main function of modern country is to create a clean environment with fair order for the market, with the "the government" participating and the "the country" intervening. The economic basis decided the shape of overtop structure including law. And the consummated legal system is needed to safeguard the normal operation of "the market", the economic activities of the "government" and the intervention measure of the "country".On the functions of public law and private law, public law plays a role of direct governing in macroeconomic field, while private law indirect regulation in microeconomic field. Civil law, as the "unavailable hand", regulates the activities of the participator in microeconomic field. According to the actual situation of the market economy in our country, the market economy order needs to be maintained through the dual structure of public law and civil law. With the civil law establishing the qualifications of the participator in the market and protecting the real legal system and contract system, the basic market order is maintained. In addition, public law provides sound development for the market through adjusting the whole basic order of the national economy and the competition order in the market. As both public law and private law have flaw when adjusting the market economy, and the market economy in China also has many characteristics of the reforming economical country and developing country, the both should be combined together closely to soundly promote the positive interaction and the development of our market economy.