A Study On The Mandatory Norms From The Perspective Of Public And Private Law

Public law and private law,autonomy and state management have been in the study by the scholars to discuss the issue,private rights and public power,personal interests and national interests of the allocation of social and economic life in today’s increasingly prosperous circumstances,the two coherence has become more important,and the coercive provision between the two highlights the meaning of its existence as a channel for communication and communication between the two fields.Although there are many studies and studies in academia,In the study of legal effect,which is still rigidly adhered to in the civil law,it is necessary to study the legal issues,not only from the judicial level,but also to the level of legislation should be given to the areas and aspects of thinking,between the current legislation The lack of level research,I would like to study the mandatory norms of the degree of involvement in private law and the degree of intervention in the field of intervention in order to seek in the legislative field,the legislative model level to make some suggestions,which is the topic The main purpose of the whole text from the structure of the basic ideas and clues to the argument,always around the mandatory provisions in the public and private law under the dual perspective of the interpretation of the plight of the level of interpretation and whether to seek from the legislative level to help.This paper takes the literature law and studies the compulsory provisions of our country on the basis of the current private law field.The article is divided into four parts: the introduction,the text and the conclusion,the text of the mandatory provisions of the definition of starting,to sort out and research.The study of legal issues can only be carried out on the basis of the correct analysis if the definition is defined correctly.The mandatory provisions of this paper exclude the meaning of the law itself as a mandatory feature,which is divided into the mandatory provisions of public law,And mandatory provisions in private law.And its current classification to sort out,re-positioning of the function and purpose.So that the subsequent writing of the text.The problems and limitations and the mandatory provisions that are pre-existing through the theory of private law autonomy are bound to be influenced by various aspects of economic,political,legal and civic dimensions,and it is sufficient to understand from the various perspectives of these societies Mandatory necessity and legitimacy of the development,which also confirms its private law can not be underestimated the status.On the basis of a clear understanding of the concept and rationality of the definition,we can analyze the plight of the judicature in the face of the purely simple and even unambiguous explanatory theory in the practice of private law in our country,and through the examination of many cases,The process of application,the court there is a conservative referee thinking and simple model of the referee instruments written.In the face of the existence of this situation,at the legislative level there is no timely supporting measures to take the case,the judicial interpretation of the level of change is the inevitable choice,from the macro guiding sense,the interpretation must comply with certain principles,such as private law The principle of the judge,the principle of the generalization of the judge,etc.,micro-interpretation of the interpretation of the need for judges to consider the nature of a clear mandatory provisions of the purpose and the interests of the specific circumstances of the measure.Finally,from the perspective of public law,in the system structure,for the legislative field to distinguish,increase the intensity of coercion,reduce the intensity of coercion,are required according to the specific private law to discuss separately,can not agree that all forced Well,can not fully agree to the point of view,specific issues should take concrete measures and methods.But also in the legislative policy to adhere to the general provisions of the mandatory provisions of the legislation,which is the basis of legislation on the basis of legislation,legislation should be as clear as possible,specific,although to a certain extent,increased the cost of legislation,but Absolutely contribute to the application of judicial practice.On this basis,the mandatory provisions can be better able to better protect private law autonomy and not slacken its public law control function.