The rule of law is an appropriate structure with a constitutional government, as well as the prevalence of the rule of law in all spheres of life.It also divided the legislative, executive and judicial powers.In this case, it is seen developed legal system with broad democratic direction of equality.It also includes an improved social control policies.Creation of the state system is a long process.
Differentiation
for this state is characterized by the division of power into two major relevant branch.This public and private law.This is important.If we talk about public law, it in no case can not be separated from the particular.This is due to the fact that despite the apparent differences, these two sectors are very close relationship.In order to understand what is each branch separately, you need to give a clear definition of the terms.Further details about this.
initially consider private law
signs characteristic of this definition - is primarily a decentralized control with the help of institutions, sectors and relevant standards.Their main function - a correction of relations between associations.It should be emphasized, and another feature.It lies in the method of regulation of relations in the framework of the branch between the subjects.In this case, we are talking about civil law method.The main base for the industry - is to protect the interests of individuals, which arise in the relationships with other persons.In this case, the subject of himself takes an appropriate decision on the need to use his or her rights.For example, decide whether to enter into a contract with certain individuals.
Now a closer look at public law
This definition is also important.Public Law - is:
- Firstly, a specific block, which is created on the basis of the area where the respective interests are realized.Namely - the relationship between the individual public authorities and between the latter and individuals.Also included are private entities and associations.
- Secondly, the public law - is regulation of legal relations between the parties exclusively from a single center.This important fact.Given that one of these parties is an authorized official of the country or representatives of the government.
- And thirdly, the public law - it is imperative legal norms.They originate from hierarchical sources.
mainly regulation of relations between subjects of public law is implemented by means of licensing methods and the will of the government bodies.They are participants in this type of relationship.It is these aspects and include lawyers in the concept of public law.
Council should pay attention to one feature.It lies in the fact that the subjects of public law - is a mandatory state - on the one hand, and private individuals - on the other side.It is important to know.But the subjects of private law are mostly individual persons.
relationship
Now consider the relationship between these terms.Public law regulates the bodies that represent the state power directly.This law enforcement agencies, courts, and so on. D. Public law applies and the Parliament.Accordingly, the existence and operation of productive private law is inconceivable without solid relationship with the public.It is known fact.After all, the main task is to protect the public law and the protection it is private.In addition, in this case, you should note one more nuance.It lies in the fact that, in its implementation of the civil law is always based on the public.This is due to the fact that it rests on a particular task, aimed at the realization of the rights of a free person.E. The data subject relationship produces the implementation of the powers attributed to it in any direction is allowed by legislation.For the main function of private law include the distribution and recording of both material and other benefits.This is important.Public law, as stated above, are very different.
Signs delineation
dealt with definitions, move on to the next question.These are the main criteria by which certain standards can be attributed to one or the other legal branches.Consider this point in more detail.
In general, the criteria that define private law are completely opposite to those which will be described and discussed in the text below, as well as directly related to the direction of the public.This is understandable.The main features of private law experts consider the preservation of the classical legal technique.If we talk about the appropriate form of regulation of relations in this case it is most commonly used contract.It should be noted that this branch is characterized by the predominance of non-mandatory standards.And the main focus in this case is on free will, economic freedom, and the protection of the owners.
So move on to another definition.It is a function of public law regulation of relations on the basis of the relevant legislation.They are issued directly to the state authorities.In addition, it can be said that the public law and include features such as the provision of relevant interests, general and impersonal content of certain norms.Their impact relates to the legal and orienting character.But also prevail in these respects the norms of existing legislative-binding definition.They are designed for the hierarchical scheme of the relationship between the relevant actors.Also on this list of competent lawyers include the provision of public interest.To do this, the emphasis is usually made on the obligations and prohibitions, as well as the scope of discretion.In addition to public law and is a sign of how broad and versatile use of the latest techniques.
delineates, in accordance with the basic aspects
If we consider the criteria by which these standards can be attributed either to the same or a different species, we get something like the following picture.We divide them on the following aspects:
- Subjects.Public Law - is the relationship between public authorities / government and individuals.It is necessary to know.Private law - a relationship only between private individuals.
- a subject on which directed the relevant regulation.For public law is moral attitude to private law - property.
- Interests.For public law is the public interest, for private - are "tied" to the appropriate area.
- Methods of regulation.For public law is characterized by a method based on subordination.In particular - on the contrary, the method of coordination.
example
Systematizing the information above, you come to the appropriate conclusion.It lies in the fact that all of the branch of the law can be divided into two categories.The first group includes those rules, which is dominated by public law.The second is characterized by the presence of the private aspects.
Consider this example separation of business law.In fact it is the system of rules established to regulate commodity-money (or property) relations, and management relationships.With this method of management relationships it is imperative (while the method of regulation of commodity-money relations aimed at the actual equality of the parties of the relationship, which are entrepreneurs, and otherwise it is called dispositive).Imperative method provides for a mandatory legal acts.They have managerial and extend the action as well as to entrepreneurs and to the relevant authorities.
availability of data definitions in the process industries
Everything here is fairly simple.If we talk about procedural areas of law (eg civil, criminal), the data standards are also characterized by the presence of these two methods.Usually it happens that either mandatory or permissive approach is expressed to a greater extent.
Summary In conclusion, it should be added that there are no regulatory standards in its pure form, which can be clearly attributed to one or another of said branches.The elements of public law may be present in the private sectors.It may also be the opposite.For example, public law branch of law the family is present in the form of the following elements: it is the order of the court of divorce, and the procedure for the recovery of maintenance.Also in this case, it is seen another component.She is in the process of deprivation of parental rights.
Another striking example - public law branch of law regulating land relations.Here, everything is shown very clearly.For example, the order of land, seizure, as well as drainage areas, determined exclusively by the state.And even a partial amendment of the approved plan is unacceptable.Thus, on the basis of the above examples simply can trace a clear relationship and a kind of symbiosis between the right of public and private.
