The Positioning of the Private Law and the Binary Construction of its Normative System:Based on the"New Theory of Interest"
Talking about the positioning of the private law in the post-Civil Code era in China,we should identify it as a law that is restricted to market economy and civic society,wholly related to the elements of the private law autonomy,and protected by state power,for the purpose of safeguarding people's legitimate rights and interests,developing market economy and constructing a favorable business environment.In terms of the construction of its normative system after the promulgation of the Civil Code,the civil law(or the general private law)should be regarded as the basic law of market economy and civic society,while the commercial law that is not included in the Civil Code,the economic private law,and the subsidiary private law which existed in the origin of the public law,should be identified as the special law for market economy and civic society.The civil law(including the codified general principles of the commercial law)which was complied through the civil code was finally constituted as the"core area"(核心区域),while the commercial slip law(商事单行法)which is not included in the civil code,the economic private law and the subsidiary private law,formed the normative system of the private law which was considered as the"peripheral area"(边缘区域).
civil codeprivate lawprivate law autonomyprivate law systempublic law
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