The Constitution Apply In Civil Cases In China

Citizens are bestowed with widely basic rights to our constitution. When the basic rights of citizens are protected by the court, because the common civil laws are lack of relevant protected provision, what is more, the constitution provision does not have the practical judicial validity ,it, of course leads to the fact that the basic rights of citizens can hardly be helped by the law. This passage is based on the disestablished constitution litigation system ,with the recent law frame ,discussing the feasibility and necessity of constitution in the civil cases ,and trying to solve the constitution right disputes between the subjects. This passage sets about from the trouble of the citizen constitution right protection in our civil cases, analyzing the reasons why it is difficult to apply the constitution in our country, considering the theory of apply the constitution about the civil cases in German, America and so on. From the theory to judicial practice , this passage finds the basic of the private law effects about our constitution basic rights and the basic of applying the constitution sentencing civil cases by the court, therefore , can protect and fulfill the basic rights of the citizens beyond measure.