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一般说来,公法是关于国家权力产生、运行的法律规范的总和。由于国家权力的公共性和特殊性这对内在矛盾的相互冲突,人类历史上出现了两种本质不同的公法。现代公法主要表现为国家权力的授与和行使都纳入法律调整的范围之内。与前资本主义相比,现代公法以权利本位为基础,以共和、民主、宪政为精神内核。现代公法多具有权力义务复合统一性、单方意志直接强制性,同时,现代公法追求秩序安全,奉行无权推定并侧重程序正义。
In general, public law is the sum of the legal norms governing the production and operation of state power. Due to the conflicting internal contradictions of the public power and particularity of state power, there are two kinds of public law that are essentially different in human history. Modern public law is mainly manifested in the scope of the legal adjustment of the grant and exercise of state power. Compared with the former capitalism, modern public law is based on the standard of rights, with the core of republicanism, democracy and constitutional government. Modern public law has multiple functions of unity of unity of power and unilateral will directly mandatory, at the same time, modern public law in the pursuit of orderly security, pursuing the right to infer and focus on procedural justice.