The Intervention Of Public Law On Private Law Under Market Economy System

Since the reform and opening up,China has been unswervingly implementing the socialist market economic system.After several centuries of development and improvement of the market economy,it has been proved by the developed countries as an effective system to promote economic development.However,the market economy itself is also flawed.For example,the market allocation of resources is indirectly,and sometimes there will be lag,These defects will result in waste of resources.Therefore,in the time of development of market economy,we cannot ignore the national level of macro-control.While in accordance with the law of social and economic development,use the country only "tangible hand" to regulate and guide socio-economic,and exclude all kinds of unfavorable factors.Only in this way can we ensure the healthy and stable development of social economy.But to achieve this purpose,there must be a security mechanism which can directly affect the social activities.This mechanism is public law.It is true that the development of modern society is inseparable from private law,but the ultimate role of private law is that it only provides a general code of conduct for the modern market economy.Its impact on economic operation is negative,this is mainly reflected in three aspects: First,in terms of maintaining social interests,private law embodies the indirect effect,Based on the theory of the separation of civil society and political state in Western culture,Public law's direct intervention in private economic activity was opposed,If there is a conflict of interest between private parties,then it is directly adjusted by private law,Thus indirectly achieving the balance of private conflicts of interest.Second,for private economic activities,private law cannot guide directly.Private law emphasizes autonomy of meanings,and will not take the initiative to interfere with the economic activities of the private sector.private law only requires not violation of social and public interests and does not require to take the initiative to maintain it.Finally,in the adjustment method,the contents of private law are mostly arbitrary norms,while the biggest feature of arbitrariness is optional,Private sector can select some of them according to their own needs,for those which do not need,it can be ignored or even excluded.From this point of view,it led to private law cannot regulate directly on the socio-economic development.In order to prevent the above-mentioned drawbacks of private law,we must go beyond the boundaries of private law.As to this topic,the current research mainly focus on the division of public law and private law,There is little research on the intervention system of public law on private law.At the same time,most scholars have stayed at the level of jurisprudence,and also there is a little market economy-related research.Professor Wang Jijun's "modern interpretation of public law and private law" discussed the division of China's public and private law and the positive interaction between them combined with the market economy,but only stay in the macro discussion,There is no further study of how public law intervenes in private law.In summary,There is less research on this issue.This paper aims to analyze the role of public law and the drawbacks of private law by combining the development condition of market economy,while discuss how public law should specifically intervene in private law,to arrive at an appropriate and feasible solution,in order to achieve the value of public law.This paper intends to collect a large number of research data which scholars has studied on this issue,to put forward their own views on the necessity,conditions,principles and limits of public law to intervene in private law.The following method to carry out the analysis: Historical analysis,explore the development of public law and the theoretical background,from the historical perspective to analyze the original intention of public law to intervene in private law,value and so on.Comparative analysis,through the comparative study of public law to intervene in private law,to find a common view of the country on this issue and the reasons for the differences.Literature method,through the summary of the information read,summed up the advantages and disadvantages of various views,come to own point of view.