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依大陆法系传统分类,法律常被分为公法和私法。与此相对应,权利也有公权和私权之分,传统的民事权利(包括财产权和人身权)均属私权范畴,民法也即调整私权关系的私法。这一分类模式沿用至今,虽存在不少理论争议,但仍牢不可破。英美法系则不存在严格的公法与私法、公权与私权的划分,英美法系的法学家并不认为此种区分十分重要,财产权制度整体地融合在普通法和衡平法之中。在现代和当代,随着“公法
According to the traditional classification of civil law, the law is often divided into public law and private law. Correspondingly, the rights also have the distinction between public rights and private rights. Traditional civil rights (including property rights and personal rights) belong to the category of private rights, and civil law also refers to the private law that adjusts private rights. This classification model still in use, although there are many theoretical controversies, but still unbreakable. Anglo-American law does not exist strict public and private law, the division of public and private rights, common law jurisprudence does not think this distinction is very important, the property rights system as a whole integrated in the common law and equity. In modern and contemporary, with the ”public law