The division between public law and private law was first proposed by the ancient Roman jurist Ulpian: "Public law is the law about the Roman state, and private law is the law about personal interests."
The differences between private law and public law are as follows:
1. The objects of protection are different. Private law is mainly based on private interests, while public law is mainly based on public interests;
2. Adjustment Social relations are different. Private law mainly adjusts the social relations between citizens, while public law adjusts the social relations between the state and citizens, and between the state and the state;
3. The principles emphasized are different. Private law emphasizes the principle of autonomy of will, while public law emphasizes state intervention.
The division between public law and private law was first proposed by the ancient Roman jurist Ulpian: "Public law is the law about the Roman state, and private law is the law about personal interests."
The basic significance of the classification of public law and private law is to facilitate the application of the law. The practical benefit of distinguishing the two is that it is easy to determine the nature of the legal relationship, what legal provisions should be applied, what remedies or sanctions should be adopted, what kind of court or tribunal the case should be accepted, and what kind of litigation should be applied program.
Generally speaking, public law governs the relationship between citizens and the state, while private law focuses on the relationship between individuals or groups in society. Therefore, the "Constitution of the People's Republic of China" and the "Encyclopedia of Administrative Law of the People's Republic of China" are typical public laws. The Criminal Law of the People's Republic of China and the People's Republic of China also falls under the umbrella of public law because it mainly involves the state's accusations against criminals.
An important task of public law also includes the coordination of the relationship between public power and private rights. The public power of the state and the private rights of citizens are unequal. If the public power of the state is abused, the harm to society and the people will be far more serious than the harm caused by one person.
To sum up, this is the editor’s answer to who asked about public law and private law. I hope it can help you.
Legal basis: "The People's Republic of China and the Civil Code"
Article 5: Civil subjects engaged in civil activities shall follow the principle of voluntariness and establish, change and terminate civil rights entities at their own will. Legal relations.
"Constitution of the People's Republic of China"
Article 2. All power in the People's Republic of China belongs to the people.
The organs through which the people exercise state power are the National People's Congress and local people's congresses at all levels.
The people manage state affairs, manage economic and cultural undertakings, and manage social affairs through various channels and forms in accordance with legal provisions.