Research On The Role Of Autonomy Of Private Law In The Maintenance Of Public Order

Autonomy of private law is an important concept in civil law.Autonomy of private law means that citizens engage in civil acts within the scope of law,which depend on their own will and are not interfered by the state or others.Its complete connotation includes four aspects: citizens' willingness is the core element of private law autonomy,state coercion is the necessary condition,public order and good customs are the basic principles,and the fulfillment of security obligations is the key.The theoretical logic of the autonomy of private law participating in the maintenance of public security order is that there is a congenital defect in maintaining the public order in accordance with public law alone.It cannot provide a legal basis and a solution to the problem that public law does not explicitly stipulate and affect the order of public security.Therefore,the core is that citizens' voluntary autonomy in private law can make up for the shortcomings of public law and become an important way to maintain the order of public security.The practical value of the autonomy of private law to participate in the maintenance of public order is as follows: maintaining public order through the autonomy of private law to improve the multiple legal norms of public order maintenance;mobilizing and organizing the society to construct a diversified subject for maintaining public order;assisting the public security organs to deal with the diversification problems in the maintenance of public order;supervising the power of public security organs in maintaining public order.At present,there are five forms of maintaining public order through the autonomy of private law in China: mobilizing civil subjects to maintain internal public order;encouraging civil subjects to maintain public order through the market;advocating civil subjects to maintain internal public order through autonomy;guiding civil subjects to maintain public order through voluntary means;giving the public security organs the responsibility of guiding and supervising civil subjects to maintain public order.There are five problems in maintaining public order through the autonomy of private law: the civil subject's power and responsibility to maintain the public order is unclear;private law autonomy tends to show partial autonomy,while civil subjects are passive;the relationship between public security organs and civil subjects is unclear;violations of citizens' rights have occurred from time to time;the relevant legal system needs to be improved.It needs to be perfected from five aspects to fully use the autonomy of private law in maintaining public order: clarifying the rights and responsibilities of civil subjects in maintaining public order and establishing relief mechanisms;improving the enthusiasm of civil subjects by standardizing autonomous acts and autonomous organizations;defining the relationship between public security organs and civil subjects,and defining their respective behavior boundaries;strengthening the protection and supervision to protect citizens' right to maintain public order through the autonomy of private law;improving the relevant legal system and enhancing legal protection.