论“大民事”

我国法院系统关于取消经济审判庭的“大民事”改革 ,实际上是向公、私法严格分野的“小民事”的倒退。司法真要改革 ,就要确立官民合作、“民行 (政 )”相容、实事求是、公平和诚信的理念。适应市场经济及其法治要求的理念确立了 ,相应的法和司法制度设计问题也就迎刃而解了。

On "Broad Civil Law

The reform of"broad civil law"to eliminate economic tribunals,which is conducted by the court system of China in fact reversed to the"narrow civil law"which strictly divides public law and private law.In order to truly reform the judicature, the following concepts must be established such as the cooperation of officials and people, the "mixture of civil law and administrative law", seeking truth from facts, fairness and good faith.Once the marketing economy and the concepts of its requirements of legality are established,the issues with respect to the corresponding laws and the design of judicial system will be readily solved.