通过私法和公法实现利益

D. Tumanov
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引用次数: 0

摘要

这篇文章反映了对私法与公法之分的意义的讨论。作者同意研究者的观点,即通过任何法律规范,无论其隶属于哪个部门,都可以实现私人和公共利益。在这种情况下,我们甚至在谈论这样一个事实,即任何法律规范对社会关系的秩序本身都是社会必不可少的,并且不允许关系出现混乱。民法规制本身就包含着一种保证公私利益平衡的机制。几乎任何民法规范都或多或少地确认了这一点。公法和私法一样,保证公共利益和私人利益的实现。在许多情况下,建立各种公共法律关系的目的是满足个人的利益,并以他们的意愿为基础。公共和私人法律街区具有许多特点。提出公共和私人法律块的问题,必须明白由它们来调节社会关系的制度(方法)是非常重要的,因为建立一个不符合某些关系本质的制度会导致某些利益无法实现。因此,通过民事法律关系实现利益(尤其是私人利益)主要是在自由意志的制度下实现的。在公共法律部门,至少有一方当事人没有决定是否建立法律关系的自由。此外,作为一般规则,与私法关系不同,公法关系隐含着一定的控制,这是确保公共利益和私人利益所必需的。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Realization of interests through private and public law
The article reflects a discussion about the meaning of the division of law into private and public. The author agrees with the researchers, who believe that through any legal norm, regardless of its sectoral affiliation, both private and public interests are realized. In this case, we are even talking about the fact that in itself the ordering of social relations by any legal norm is essential for society and does not allow chaos in relations. The civil law regulation itself contains a mechanism that ensures a balance of both various private and public interests. Confirmation of this to a greater or lesser extent can be found in almost any norm of civil law. Public law, like private law, ensures the implementation of both public and private interests. Entering into various public legal relations in many cases is aimed at satisfying the interests of individuals and is based on their will. Public and private legal blocks are characterized by many features. Raising the question of public and private legal blocks, must understand that the regimes (methods) for regulating social relations by them are more than important, since the establishment of a regime that does not correspond to the essence of certain relations can lead to the impossibility of realizing certain kinds of interests. Thus, the realization of interests (especially private ones) through civil legal relations is mainly possible in the regime of free will. In public branches of law, at least one of the parties does not have the freedom to decide whether to enter into a legal relationship. In addition, as a general rule, unlike private legal relations, public legal relations imply a certain control, which is necessary to ensure both public and private interests.
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