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在现代各国的立法中,公法与私法越来越呈相互交错和融合的态势。在世界范围内,从理论研究、立法实践到司法实践,都在探寻公、私法的“接轨”问题。然而,“接轨”问题工程浩大,事无巨细,都需要立法者和法官们审慎考察,周到安排。本文指出强制性规范的妥当配置是完成公、私法“接轨”工程的关键。
In the legislation of all the countries in the world, public law and private law are more and more staggered and intertwined. In the world, from the theoretical research, the legislative practice to the judicial practice, the “integration” of public and private law are explored. However, the issue of “connecting rail” is huge and subject to huge scale requires legislators and judges to carefully examine and make arrangements. This paper points out that the proper allocation of compulsory norms is the key to complete the public-private-law “convergence” project.