Research On The Role And Function Of "Public Body" In Civil Code

The intersection of public law and private law is inevitable.A large number of public law norms or public law norms are embedded in our country’s Civil Code,so that “organs”,as the exercisers of public power,intervene in civil law with private law autonomy as the core.In essence,it intervenes in the private law autonomy activities between civil subjects through “organs” on behalf of the state’s public power,so as to provide civil rights and interests protection for civil subjects while restricting the space of private law autonomy.Among them,in the way of intervention,it includes direct intervention and indirect intervention.In terms of intervening subjects,it includes administrative organs,judicial organs,and legislatures.In the form of public law,it includes administrative licensing to prevent the occurrence of civil disputes,administrative confirmation to strengthen the protection of civil rights,mandatory norms to affect the effectiveness of civil legal acts,administrative rulings or judicial trials to resolve civil disputes,etc.At the same time,while making use of public power,the Civil Code provides an effective institutional basis and complete relief system for various subjects of public power to exercise power in the code through the integration of legislative resources,so as to form a “public-private combination” legal governance system and improve the efficiency of state management.In this process,civil law will inevitably interact with public law in terms of functions,resulting in many contradictions and conflicts.It is undeniable that “organs” are not “invaders” in the field of private law autonomy when expanding the field of private law autonomy,but a strong protector.At present,what we need to think about is how to fully respect private rights,limit the space of public power,and make public power and private rights coexist harmoniously in the Civil Code while guarding and expanding the area of private law autonomy.Therefore,taking the implementation of the Civil Code as an opportunity to analyze the roles and functions of “organs” in the Civil Code,and taking this as a window to analyze the conflicts and contradictions that may arise during the operation of public power in the field of civil law.The ultimate goal is to explore a reasonable path for the subject of public power to exercise power and perform obligations in the civil field,which is of great value to current social development and the construction of the rule of law.