What is the significance of emphasizing the private property of civil law under the realistic conditions in China?

Private law is relative to public law. It is generally believed that when public authorities intervene with public power, it is a public law relationship; On the contrary, there is no public authority involved, or the public authority simply buys goods, which is the judicial relationship.

In the past, China's planned economy had economic law but no civil law. Citizens have no right to guarantee their private property or dispose of their own property (exchange, sale, etc.). )

The attribute of private law embodies "autonomy" and "equality", which warns and restricts the overflow of state power. In other words, you can dispose of your property and rights, freely conclude and perform contracts, and freely marry and have children; Face creditors and public authorities equally without being humiliated.

In the era of planned economy, food stamps were used to buy food. In many places, the clerks who buy cars are grandfathers, bossing around, and people need to bow and scrape when they enter the store to get food, without dignity; The slogan in the national model hotel is "Don't beat and scold customers". Before there was a model shop and when there was a model shop, the customer's sense of shame was self-evident.

Even now, there are still many places where the autonomy of private law cannot be fully implemented, mainly due to the abuse of public power. In the final analysis, both internal administrative problems and Smith problems are caused by imperfect private rights and lack of constraints on public power. I think it is self-evident that civil law emphasizes the importance of the attribute of private law.