Public law指公法,主要是指调整国家与普通公民、组织之间关系以及国家机关及其组成人员之间关系的法律。为了更好的理解该词,以下是其英文释义:Public law is the part of law that governs relationships between legal persons and a government, between different institutions within a state, between different branches of governments, and relationships between persons that are of direct concern to society. Public law comprises constitutional law, administrative law, tax law and criminal law, as well as all procedural law. (Laws concerning relationships between individuals belong to private law.)
Private law指私法,主要是调整普通公民,组织之间关系的法律。为了更好的理解该词,以下是其英文释义:Private law is that part of a civil law legal system which is part of the jus commune that involves relationships between individuals, such as the law of contracts or torts (as it is called in the common law), and the law of obligations (as it is called in civil legal systems). It is to be distinguished from public law, which deals with relationships between both natural and artificial persons (i.e., organizations) and the state, including regulatory statutes, penal law and other law that affects the public order.
公法与私法的划分,最早由古罗马法学家提出的。大陆法系国家普遍认为,公法调整国家或公共利益,它的一方主体应当是国家,与另一方主体一般是不平等的隶属或服从关系,公法否定私法自治,以强制性规范为主。而私法则是强调私人利益关系的法律规范,多以任意性规范居多,弘扬私法自治,以自治为其最高原则和精髓所在。公法与私法在调整范围,调整机制与其所维护的利益上存在本质区别。公法与私法的最大区别在于其立法理念不同:公法强令服从,注重权力运作;而私法关注意识自治,平等等价,注重权利的形式和保护。
双语例句:
(1)The issue of overriding importance was to ensure the provision of legal aid services by an independent body free from any perception of conflict of interest and undue influence from the
Government, particularly in face of the increasing number of public law litigations brought against the Government in recent years.
当中涉及的最重要问题,是确保法援服务由一个独立管理局提供,以免予人有利益冲突或受政府左右的印象,面对近年针对政府的公法诉讼日益增加,更显得有必要成立此管理局。
(2)Since 1 January 2004, everyone has the right of recourse to the Chancellor of Justice with a request to verify whether a state or local government agency or body, a legal person in public law, or a natural or legal person in private law who is performing public functions complies with the principle of ensuring fundamental rights and freedoms and the principle of good administration.
自 2004 年 1 月 1 日起,人人有权诉诸大法官,请求核实一国家机构或地方政府机构,公法中的法人,或私法中在履行公职的法人或自然人是否遵守了确保基本权利和自由的原则以及善政原则。
