Discussion On The Relationship Between The Constitution And Civil Law

The constitution is a country's basic law, and this concept is infused into each legal science student in the beginning of study .How does the constitution take as a country's basic law, and where it has manifested the"fundamentally"status, while regarding the legal science scholar it seems these questions are not a question. The civil law takes as a country's Integral part law, and the status was lower than the constitution, and this concept also already was a kind of conventional existence. However, since the end of last century the civil law scientist has expressed the viewpoint of civil law as radical law through each way, trying hard to stand the civil law in the same with constitution, while the constitution scholar has played as supporting role in these two arguments. Actually we should support this proposal this article taking these two arguments as a beginning, will discuss from organization theory's level as the method, first carry on the critique to the residential society and the political country's separation, then draw the conclusion. In the history the civil law truly act as the foundation function compared with Constitution. The civil law has many stipulations which give important influence on the foundation and development of the constitution; But the constitution actually has the superior position of the civil law. The constitution should reside in a country legal framework's highest level.This article is divided into three parts besides the introduction, approximately 35,000 characters.The first part mainly discusses the two arguments caused by the status question of the constitution and the civil law. Introduced proposed each viewpoint in two confrontation middle schools, the civil law educational world ejected"the civil law superior position theory"and"the civil law and the constitution with was the fundamental law"the theory. But the constitution scientist also started the counter-attack after first time silence. Professor Tong Zhiwei and Professor Mo Jihong continued the argument which proposed to the civil law scientist to carry on the commentary, the author to the Professor Tong elaboration held the approval manner. This part of writing are mainly introductive mention two arguments, indicates the mentality fountainhead from which the author selects a topic.In the second part author boldly carries on the critique to the residential society and political country's discriminating viewpoint, and state the evidence of constitution taking high-level part. Here critique is not carrying on the denial to residential society - politics country theory, considering that this separation method should not be the parallel production, but one kind of hierarchization, that is the political country should be the relative higher level of residential society, and that the basis of a country becomes a country. In the fourth chapter, author historically, in the scientific theory as well as the practice, give a fuller elaboration of taking high-level of the location of constitution.Through the second part, the author wants to develop the hierarchization. The third part is this article key point, mainly utilizing brand-new analyzes legal from organization's rank level principle the integrity as well as the relationship between the constitution and the civil law. In the paper the author first sketchily introduced the rank level principle, as well as the senior scholar analyzed the sociological model utilizing this principle. Then utilizes this kind of model in the legal principle theory of law, first utilizing the analysis of the history of law, carrying on the hierarchization description of ancient times and in the modern society's law; Then gives the analysis to the constitution as high hierarchical and the civil law relatively low hierarchical, obtaining a more accurate localization.