公、私法划分理论的两次飞跃  

On the Two Leaps of the Theory of Distinction between Public Law and Private Law

作　　者：朱昭平[1] 邓子美[1] 

机构地区：[1]江南大学法政学院,江苏无锡214122

出　　处：《河北理工大学学报（社会科学版）》2009年第2期28-30,35,共4页Journal of Hebei Polytechnic University:Social Science Edition

摘　　要：公法和私法的划分源自古希腊,在古罗马表现甚为明显。公、私法划分的理论在其发展过程中实现了两次飞跃,第一次飞跃是公法和私法实现了由概念性分类到结构性分类的转变、第二次飞跃是公法和私法从结构性分类到两者的重组与新法域的出现。两次飞跃都充分体现了公、私法划分理论的精神实质,那就是限制和规范权力与维护和规范权利。The distinction between public law and private law was originated from ancient Greece, which became obvious in ancient Roman. The theory realized two leaps in the course of its development. The first leap was that the distinction between public law and private law went from conceptual classification to structural classification. The second leap was that public law integrated with private law and a new field of law formed. The two leaps both fully embody the spiritual substance of the theory of distinction between public law and private law which is limiting and governing powers and guarding and governing rights.

关 键 词：公法 私法 权力 权利 

分 类 号：D901[政治法律—法学理论]