从行政法与民法的关系及特点看民法典立法技术的完善

公法对私法的规制主要通过行政法来实现。立法者应该通过在民法典中设置一个“接口”的方式来实现行政法(公法)对民法(私法)的干预。该“接口”由两条路径和两种话语组成。两条路径是：在民法典总则部分，通过设置“原则”性的规定作出一个表明两者关系的宣告。在分则部分选择“民事行为”作为具体的规制管道；两种话语是：“法律”和“(社会)公共利益”。

Observation on Perfection of Legislative Technique of "Civil Code" from Relations between Administrative Laws and Civil Laws and Their Features

The regulation exercised over the private law by the public law is carried mainly through administrative law. Based on the different characteristics of the administrative law and civil law and starting from the scientifical legistation,the legislators should exercise the interference by the administrative law (the public law) over the civil law (the private law) through the way of setting up an interface in the Civil Code, instead of directly making an administrative stipulation in the Civil Code. This interface is made of two channels and two versions. The two channels are: in the general provision of the Civil Code, a proclamation of definiting the relations between them should be made by the way of ractifying a principle stipulation; in the sub-provision, civil action should be chosen as a concrete channel of regulation. The two versions mean the law and public (social) interest. There are some shortcomings concerning with this aspect in the Civil Code (draft)which should be amended.