Abstract：Tracing to its source, this article probes into the theory of priority of private law, finding that it has some basic defects in such aspects as the concept of value?contents of law?forms of law,etc, which have resulted from the influences of the market economy and individualism in recent times.In the process of the rulization of law, the theory of priority of private law is incompatible with power restriction?law authority?judicial justice?administrative rule of law and ensurance of human rights, which are demanded by rule of law society. On the basis of negating the theory of priority of private law,this article puts forward that rule of law society should pursue the theory of priority of public law.
