论文部分内容阅读
传统的法学理论认为,国家对社会关系的立法调整,可以通过各种法律规范清楚地划分出来。民事关系由民事法律规范调整,行政管理活动中的关系由行政法律规范调整。对违法者的法律责任划分也比较明确,违反民事法律规范者承担民事责任,对违反行政法律规范者追究行政责任(主要是予以行政处罚)。然而,随着社会化大生产带来的各种复杂问题,政府越来越多地介入经济活动,出现了私法公法化的趋势。传统的民事法律规范和行
The traditional legal theory holds that the state’s legislative adjustment of social relations can be clearly divided through various legal norms. Civil relations are regulated by civil law and the relations in administrative activities are regulated by administrative law. The division of legal responsibilities of offenders is also relatively clear. Those who violate the norms of civil law bear civil liability and those who violate the norms of administrative law are held to administrative liability (mainly administrative sanctions). However, with the complex problems brought about by socialized large-scale production, the government is increasingly involved in economic activities and a trend of public law of private law has emerged. Traditional civil law norms and practices