私法中所谓“意思自治”和“契约自由原则”一般得到认可 ,只要不违反公序良俗以及与公共秩序相关的所谓强行规定 ,当事者可以自由地缔结任何契约。与此相反 ,公法关系一般由国家立法来规定 ,同时与私法中原则上是任意规定不同 ,这些规定是与公益相关的强行规定 ,任何人不得以 The so-called “autonomy of means” and “the principle of freedom of contract” in private law are generally recognized. The parties are free to conclude any contract as long as they do not violate the ordre public’s morality and the so-called mandatory provisions related to public order. In contrast, relations between public law and public law are generally regulated by national legislation and, at the same time, are fundamentally different from arbitrary provisions in private law. These stipulations are compulsory provisions concerning public goods and no one is allowed