中国公法崛起的法学认知和意义

中国公法崛起的必然性隐寓于其表征和原因之内,即公法法律文件的逐步完善,公法学术的迅速发展,公法向私法的渗透以及社会对公法的热切关注。而正是中国的经济体制改革推动了中国公法的崛起,这也给中国法学带来了三大机遇:拓展了中国法学的发展空间;推动了中国法律体系和法学体系逐渐趋于比较平衡的发展;促进法学与其他社会科学的交叉互动。同时,公法崛起也给中国法学提出了严峻的挑战,即如何从理论和实践相结合的双向互动上,构建规制国家权力的严密体系。

On the Legal Cognition and Significance of the Rise of the Chinese Public Law

The inevitability of the rise of Chinese public law depends on its token and cause which is the gradual perfection of the articles of public law, the amazing development of the science of the Chinese public law , the permeation of public law toward private law and the social attention to it. The fundamental cause of the rise of public law is the development of the market-oriented economy, which brings three chances to the development of Chinese jurisprudence, which includes the opportunity for the science of the Chinese law to widen the space of its development, the opportunity to promote the Chinese law and the system of legal science to become much more balanced, and the opportunity to promote the interactivity of law and other social sciences. Meanwhile, the rise of public law also poses a challenge to the Chinese jurisprudence, namely how to construct a solid system to control the power of the country based on the interactivity of theory and practice.