The Research On The Constitutional Feature Of The Conflict Law

The development of Conflict Law has been keeping confined by constitution ideology and constitutional rules as of taking shape of constitution in modern sense, particularly since the 20th century when constitutional examination system and constitution lawsuit system were passed respectively in the United States and Europe to apply the relevant clauses of constitution to the area of Conflict Law which leaded to the far-reaching revolution of the Conflict Law in American. After the revolution, the direction of the development of Conflict Law has changed that the value orientation of it has converted formal value into substantive and the research methods have changed from dogmatism to functionalism, which have put constitution's pursuit for justice and human rights into effect. The impact sustained and deepened by constitution law on Conflict Law has gradually internalized their interconnection to be one of features of Conflict Law, which has become necessary and inevitable.As the Constitution Law has three ways to affect the Conflict Law, the later has shown a certain degree of constitutional feature in the long-term mutual connection and influence, which can be specifically divided into external and internal constitutional features. The external constitutional feature determined the Conflict Law to be both the center law and the parent law of the International Private Law system; the internal constitutional feature revealed the following three natures:the confliction of rights, the protection of human rights, and the proper procedure, on the basis of which extended the corresponding function of constitution coordination, human rights protection, and due process protection. The research on the constitutional feature of the Conflict Law is not only the inevitable trend of the development of the Conflict Law, but also a significant means to implement the constitutional thoughts and to realize the socialist goal of rule of law. The ideas of the confliction of rights, the protection of human rights, and the proper procedure has a referential meaning for resolving the specific and complex interregional conflict of laws of our country.