민법의 원칙을 민초평법원의 행정소송실천에 적용 - 「평정원재결기록」을 중심으로 -

The distinction between public and private laws is relatively clear, but there is also a certain possibility of mutual penetration. The principles of modern private law were shaped by The Civil Law Draft compiled from the late Qing Dynasty to the early Republic of China. Meanwhile, the principles were mainly embodied in the principles of holiness of private-right, the principle of honesty and credibility, fault liability principle, the principle of public order and good customs, the principle of autonomy of will, the principle of contractual freedom and the prohibition of abuse of rights. In terms of the practice of modern administrative trial, the principles of private law invoked by the rulings of the Ping Zheng Yuan are mainly reflected in the principle of honesty and credibility, the principle of public order and good customs, and the principle of autonomy of will. According to the practice of administrative litigation in modern Ping Zheng Yuan, the principle of private law can be effectively applied to the field of administrative trial. This possibility depends on that the principle of private law has certain commonality with administrative trial in terms of institutional purpose and applicable content. In the specific application manners, the application logic of adjudication is mainly manifested in the common-sense deduction and principle deduction. Moreover, the application and limitation of these private law principles are affected by the philosophy of natural law and the social-based legislative view in the legal basis of its trial. The enlightenment is that the important function of private law principle to mediate specific disputes under the view of the principle of unity of legal order should be made full use of to provide important legal application resources for the purpose of realizing the right relief in the field of administrative law and stabilizing social order.