论比较法的私法面向及其超越
发布时间：2019-03-22 06:21
【摘要】：公法与私法是法律的一个基本分类。自第一届比较法国际大会时起,兰伯特就强调比较法的主要领域是比较私法,必须放在大学课程中的优先位置。尽管此种观点越来越受到当代比较法学家的质疑,但不管是从历史因素、文化因素还是从政治关联度的因素来看,比较私法仍然是比较法的核心领域。中国比较法实践似乎也表明比较法要超越传统的私法范围并不容易,比较公法研究与实践仍然任重道远,但这并不代表公法比较没有意义或不可行,差距多、难度大反而凸显了比较公法理论与实践所蕴藏的巨大理论与实践价值,"经由私法而超越私法"或许是比较法的未来方向。
[Abstract]:Public law and private law are a basic classification of law. Since the first International Congress on Comparative Law, Lambert has emphasized that the main field of comparative law is comparative private law, which must be given priority in university courses. Although this view is more and more questioned by the contemporary comparative jurists, the comparative private law is still the core field of comparative law in terms of historical factors, cultural factors and political relevance factors. The practice of Chinese comparative law also seems to indicate that it is not easy for comparative law to go beyond the scope of traditional private law, and the study and practice of comparative public law still have a long way to go, but this does not mean that the comparison of public law is meaningless or not feasible, and there are many gaps. The difficulty on the contrary highlights the great theoretical and practical value contained in the theory and practice of comparative public law. "transcending private law through private law" may be the future direction of comparative law.
【作者单位】： 中国政法大学比较法学研究院;
【基金】：中国政法大学中青年优秀教师人才支持计划 霍英东基金项目“消费者合同法研究”(编号:141088)成果之一
【分类号】：D908
，
本文编号：2445335
[Abstract]:Public law and private law are a basic classification of law. Since the first International Congress on Comparative Law, Lambert has emphasized that the main field of comparative law is comparative private law, which must be given priority in university courses. Although this view is more and more questioned by the contemporary comparative jurists, the comparative private law is still the core field of comparative law in terms of historical factors, cultural factors and political relevance factors. The practice of Chinese comparative law also seems to indicate that it is not easy for comparative law to go beyond the scope of traditional private law, and the study and practice of comparative public law still have a long way to go, but this does not mean that the comparison of public law is meaningless or not feasible, and there are many gaps. The difficulty on the contrary highlights the great theoretical and practical value contained in the theory and practice of comparative public law. "transcending private law through private law" may be the future direction of comparative law.
【作者单位】： 中国政法大学比较法学研究院;
【基金】：中国政法大学中青年优秀教师人才支持计划 霍英东基金项目“消费者合同法研究”(编号:141088)成果之一
【分类号】：D908
，
本文编号：2445335
本文链接：https://www.wllwen.com/falvlunwen/falilunwen/2445335.html
