On Policy Intervention In Private Rights Autonomy

“Inviolability of private rights” is the important spirit of law, which helps to realize the autonomy of private rights. Policy has no rights to intervene in private rights autonomy. However, due to the defects of law, such as passive limitations and the different capabilities of law enforcers, the rationality of policy intervention in private rights autonomy has increased greatly.The first part is aimed to distinguish the relationship between policy and private rights autonomy based on the origin of the rule of law and the theory of the connotation of public law and private law. Public power is in the hands of government, which makes policy formation more flexible and policy implement compulsory. The law is mandatory regulations with clear limits, which can provide sense of safety to governors and people. However, it hampers political thinking of governors, who cannot use them to solve new domestic problems wisely.The second part is aimed to clarify contents of policy intervention by the method of comparative study. Policy is a non-law-concept, which is needed to set foot on political theory to support the writer’s ideas. This part divides policy intervention into different types based on different enforcement scale, which can provide a clue to analyze how policy intervention affects private rights autonomy. Meanwhile, private rights include personal rights and property rights, whose characters and contents are totally different, and the situation of policy intervention is also different.The third part classifies the theoretic relationship between policy intervention and private rights autonomy, then it analyzes the reasonability of policy intervention in private rights autonomy. China at present is in the social transformation period, in which the social reform affects legal system of private rights autonomy more and more deeply, which highlights flaws of civil statute and causes conflicts between policy intervention range and the legal needs in the social transformation period. In such background, in order to prevent benign illegal policy intervention in the private right of autonomy turning malignant illegal, it is rather paramount to study limitations, rationality and legitimacy of policy intervention in the scope of private rights. According to all analysis of the above, the writer aims at building a sound system of policy intervention in private rights autonomy.