Theory Of Relationship Between Constitutional Law And Civil Law

As two departments of law ,the science of constitutional law and the science of civil law have their own complete systems and specific research areas. But with the change of time and further research ,some misunderstandings among scholars on issues about constitutional and civil law science gradually appear. Especially recent years, some practical problems have evoked much controversy. For instance, after the case of Qi Yuling v. Chen Xiaoqi, the issue of "constitutional law applied in courts" became a hot topic. With the discussion," constitutional law applied at traditional civil law areas" attracted scholars. A few years later, a professor named Gong Xiantian wrote a letter to the Standing Committee of National People's Congress saying the draft of Property Law against constitutional law. This issue effected the legislation. From then on scholars of Constitutional law and Civil Law started a hotter and deeper dialogue and debate. At a such backgrounds, it is meaningful to study the relationship between constitutional law and civil law as a conclusion of past theory and basis of further research.This article attempts to clarify the relationship betweenconstitutional law and civil law from the perspectives of history and logic. First, from the historical analysis, we get conclusions as follows: Civil law appeared before constitutional law and opened the door to constitutional law. The appearance of constitutional ensured the independence and self-sufficiency of civil law. Constitutional law and the civil law derived from the same pursuit of human rights .But constitutional law are more direct to the value. Secondly, from the logical analysis, we get conclusions as follows: Constitutional law has three characteristics. It is basic, authorized and restrictive. Thereby constitutional law has multiple identities. It is basic law over public law and private law. Civil law is only a law department.In the end, on the basis of the second part, we inquired into the constitutional law impact on the legislation and justice of civil law. At this part, we put more attention to the theory of third-party effect. In the end ,we give our own answers to the hot topic: With regard to the status of the Constitution and civil law, the Constitution is the basic law with highest status in the law system ,meanwhile civil law is a common law department; With regard to the attribute of constitutional law and civil law, constitutional law is basic law over common public law and private law; with regard to constitutional rights and civil rights, they pursue the same value. Generally, Constitutional rights need the practice of civil law .But in some case, they can realize themselves directly.