As a "private rights law", the Civil Code is affectionately known as the "Declaration of Rights"; As a "power control law", administrative law supervises and controls public power to prevent its abuse and infringement on private power. In the traditional dualistic conceptual system of "public and private law", the proper separation between the two laws has been the mainstream view for half a century. However, looking at the Civil Code, we find that there are more than 150 articles related to administrative law norms. This means that the exercise of certain administrative rights has a comprehensive impact on the realization of citizens' basic rights. The basic rights of citizens determined by the Civil Code constitute the internal margin of the exercise of administrative rights. At the same time, the Civil Code also puts forward more and higher requirements for administrative organs to strengthen administrative law enforcement and protect citizens' rights. Therefore, in order to further understand the essence of the Civil Code, the author summarizes the following aspects from the perspective of administrative law, combined with relevant provisions.

1、 The Subject Types of Administrative Organs in the Civil Code

The rights and obligations enjoyed by administrative organs play different roles according to the different settings of the Civil Code, and can be roughly divided into two types: 1. Administrative organs as civil subjects. When an administrative organ engages in civil activities between equal subjects in the name of an institutional legal person, its identity is a civil subject, and the rights and obligations it enjoys and assumes come from the relevant provisions of the Civil Code on civil subjects. For example, articles 32 and 1188 of the Civil Code provide for the situation where the Civil Affairs Bureau serves as a guardian; Article 1198 stipulates the safety and security obligations that organizers of mass activities should fulfill. If they fail to fulfill their safety and security obligations, they should bear tort liability; Article 1234 and Article 1235 provide that the government has the right to request the people's court that the infringer bear the responsibility for ecological environment restoration within a reasonable period of time, and so on. 2. The administrative organ as the administrative subject. This time, the Civil Code directly established a new authority or responsibility for a specific administrative organ. For example, Article 34, paragraph 4, of the Civil Code sets the responsibility of "temporary care in emergencies" for the civil affairs department; Article 277, paragraph 2, establishes the responsibility of "guiding and assisting the owners' committee" for local governments; Article 534 sets the responsibility of "supervising and handling public welfare contracts that endanger public welfare" for administrative organs such as market supervision; Paragraph 4 of Article 1105 sets the responsibility for the civil affairs department to "conduct adoption evaluation in accordance with the law", and Paragraph 3 of Article 1254 sets the responsibility for the public security organ to "investigate and identify the responsible person in a timely manner in accordance with the law". These provisions will directly serve as the basis for the exercise of the functions and powers of the administrative organ. If the administrative organ fails to perform this function and authority in the future, it will become a case of administrative omission that is filed and the corresponding administrative responsibility will be investigated.

2、 The basis for the effectiveness of certain civil legal acts comes from the relevant provisions of administrative norms

Civil law respects autonomy of the will. However, in order to maintain specific socio-economic order and administrative management needs, the law stipulates that the effectiveness of some contracts requires not only the general effective requirements of the contract, but also the requirements of special requirements to produce effectiveness. For example, Article 502 of the Civil Code provides for statutory special effective requirements. "A contract that is subject to approval and other procedures in accordance with laws and administrative regulations can take effect only after the parties to the contract have gone through approval and other procedures.". From the perspective of judicial practice, the fields in which approval procedures are required by laws and administrative regulations for contracts to take effect are mainly concentrated in financial and commercial matters, transfer of state-owned assets, foreign investment, and transfer of exploration rights and mining rights. Therefore, in practice, when encountering these types of contracts, it is necessary to pay attention to the matters involved in the contract and relevant administrative regulations to avoid unnecessary disputes.

3、 Relevant civil legal acts have the effect of confrontation and declaration after being recognized by administrative activities

The civil registration system in the Civil Code is actually the administrative confirmation in administrative law. This kind of civil registration involves many articles in the Civil Code, such as the registered residence certificate in Article 15, birth and death registration; Registration of legal persons as provided for in Articles 58 to 77; The marriage registration system in Articles 1049, 1076, and 1083, as well as the residence right registration system in Articles 368, are all based on the existing legal status and legal facts of civil subjects that are supported by administrative agencies through the credibility of the state, and recognized by administrative actions. After a series of related administrative activities, civil subjects obtain certain civil subject qualifications and generate corresponding civil legal relationships, At this point, it also has the effect of confrontation and declaration against third parties.

4、 Civil Liability Caused by Violation of Administrative Regulations

The state adjusts the rights and obligations between civil subjects with administrative norms, a public law document, which is often reflected in the Civil Code. For example, Article 293 of the Civil Code stipulates that "construction of buildings shall not violate relevant national engineering construction standards, and shall not interfere with the ventilation, lighting, and sunlight of adjacent buildings." This provision basically follows the provisions of Article 89 of the Property Law, and this time, the word "not" has been added before "interfering with the ventilation, lighting, and sunlight of adjacent buildings, which is more rigorous than before. According to past judicial practice, when quoting this legal provision in a specific case, we should not only inquire about the relevant national building codes, but also search for the local codes of the location of the building. As long as the local codes do not conflict with the national codes, the local codes will also become the basis for the court to determine the facts. If there is a violation, the parties concerned need to bear corresponding compensation responsibilities.

5、 The Protection of Civil Rights by Administrative Power in Civil Code

The Civil Code has added many new obligations regarding the protection of administrative organs against administrative counterparts. That includes the negative protection of private rights that cannot be infringed by administrative organs, such as the protection of personal rights as stipulated in Article 991 of the Civil Code, the protection of personal information and privacy as stipulated in Article 1039, and the active protection of private rights by administrative organs in corresponding ways, such as the obligation of life and health distress relief as stipulated in Article 1005 of the Civil Code; The public right to intervene in the relief obligation for self-help acts provided for in Article 1177. This protection, both positive and negative, not only establishes the boundaries for administrative organs to implement their rights, but also puts forward new requirements for administrative organs. The legislature should adopt administrative laws, regulations, and rules as soon as possible, further clarify relevant provisions, and actively implement the requirements of the Civil Code on the protection of civil rights.

In summary, the emergence of a large number of administrative norms in the Civil Code has enabled the rights of individuals to be protected in multiple and effective ways by public and private law. At the same time, the Civil Code not only delimits the boundaries and bottom lines for the exercise of administrative powers for administrative organs, but also leaves a "legislative" interface for administrative law in numerous legal norms, which lays a solid foundation for the future construction of a model of synergy and cross integration of public and private law.

(This article is translated by software translator for reference only.)