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公、私法的分类是成文法国家对法律规则的基本分类。这种划分在西方国家是从罗马开始起源的,中世纪遇到了瓶颈,但现代又蓬勃发展起来,随着社会变迁,公私法的划分又有了一系列的变革。二十世纪以来,公私法的二分传统出现了一些变化。公、私法的区分代表两种不同的法律价值和形式要求。这对我们明确“公权力”与“私权利”的界限,保护私权利,正确处理公权与私权的关系,进而构建我国的和谐社会具有重要意义。
The classification of public and private law is the basic classification of legal rules in the civil law countries. This division originated in Rome from Western countries. The Middle Ages encountered bottlenecks, but the modern flourished. As the social changes took place, there was a series of changes in the division of public and private law. Since the twentieth century, there has been some change in the dichotomous tradition of private and public law. The distinction between public and private law represents two different legal values and formal requirements. This is of great significance for us to clarify the boundaries between “public power” and “private rights”, to protect private rights, to properly handle the relationship between public rights and private rights, and to build a harmonious society in our country.