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随着法制社会的不断建设,我国各项法律都在不断的健全和完善着。民法引致公法的问题是由于民法引致过程中,当公法规范对私法没有清晰明确的规定时,就会授予司法以自由裁决权,就目前来说,我国宪法中并没有授予其违宪审查的权力,因此造成了司法权与行政权的矛盾。本文主要就民法引致公法所带来的司法权与行政权的冲突与协调问题进行简单的分析。
With the constant construction of a legal society, all laws in our country are constantly being perfected and perfected. Civil law leads to the problem of public law is caused by the civil law process, when the public law norms of private law is not clearly defined, it will grant the judicial discretion, for now, our country’s constitution does not grant its power to review the constitutionality, Thus creating the conflict between judicial power and administrative power. This article mainly analyzes the conflict and coordination between judicial power and administrative power brought by civil law caused by civil law.