On the Mandatory Norms in Civil Law :Also Concerning the Channels of Legislation and Norm Allocation Techniques Through the "Convergence"of Public Law and Private Law

To accomplish the task of the convergence of public law and private law by legislation,legislator should properly deal with the relationship between the constitution and the civil law,the administrative law and the civil law,the general civil law and the special civil law,the civil substantive law and the civil procedure law as well as the relationship between different norms in the Civil Code.In the whole legal system,we should reasonably divide the law into different sectors to achieve a harmonious interaction between public law and private law through the convergence of them,among which,the constitution and the norms which are purely administrative law are the prerequisite mandatory norms.These norms are not appropriate to be included in the civil code,thus they should be retained in the constitution or in the administrative law.To achieve specific public policy objectives,the mandatory norms outside the civil law should be special arrangements in the civil and administrative law regulation,and they are also not suitable to be included in the civil code.The mandatory norms which set minimum requirements for autonomy civil law,as well as the mandatory norms which lay the pipeline leading to the public law should be included in the civil code.