The Limited Application of Proportional Principle in the Perspective of Private Law
The principle of proportionality was born in the context of public law,and as an instrumental principle,its essence lies in the biased protection of vulnerable subjects.The essential compatibility between private law and the principle of proportional-ity,the effectiveness of the Constitution in private law,and the fact that the principle of proportionality can serve as a practical means of basic principles in civil law demonstrating the feasibility of introducing the principle of proportionality into the field of pri-vate law.Due to the essence of the principle of proportionality,it can only exist in the field of private law among subjects with sig-nificant differences in strength,that is,between strong and weak subjects.Therefore,the application of the principle of proportion-ality in the field of private law is limited.The application scope of the principle of proportionality in the field of private law can be summarized as two types:between private subjects and state public power in the intersection of public and private law,and between private subjects and private subjects with social public power participation.
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