A Comparison of Two Legal Models of Social Governance in China: Public Law and Private Law----Appeal for Reforming Chinese Legal System

Qinghua Huang


Under the perspective of law, there are two social governance methods: public law model and private law model. This article, through case study approach, comparatively analyses the two social governance methods: their forming cause in law, their expectable social effectiveness, and their relationship with “strong government” model in China. In order to promote the reform of social governance of the “strong government” model where public law prevails, this article further appeal for Chinese legislator, under the spirit of scientific legislation and the thought of returning rights to individuals, restructure Chinese legal system of civil liability and administrative penalty by systematically emending existing laws, regulations and rules concerning civil/commercial affairs and administrative activities, and establishing reasonable legal mechanism of compensation.

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DOI: https://doi.org/10.5539/jpl.v1n4p81

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