Research On The Horizontal Effect Of Basic Rights

Constitutional validity is related to the view of Constitution，the system ofConstitutional Review and also the protection of civil right. The horizontal effect ofbasic Constitutional rights emerge with the social and economic development，integration of public and private law and strong group violating fundamental right ofcitizens. Therefore discussing the horizontal effect of basic Constitution rights is toestablish a sound system of constitutional rights in order to protect the constitutionalrights of citizens. This article intend to discuss whether there is living space of thistheory in China and how the specific applicable. Through combining the application ofGerman and American model.The first part is to start from the concept of the horizontal effect of fundamentalrights. Then elaborate the origins of this concept,analyze the background and theinherent mechanism of fundamental rights.The second part focuses on the theory of Germany third parties and acts of statetheory in the United States. The theory of German contains three theory: direct effect,indirect effect and the duty of protect., at the same time combine the case of theFederal.In the exploration of national behavior theory, it analyzes the public functiontheory can be characterized as acts of state, theory of Government substantiveinvolvement in and judicial implementation of private discrimination theory. Finally, itanalyzes the theory between the two countries on the range of the fundamental rights ofthe two countries in the private sector, the degree of effectiveness of the fundamentalrights of private relations and fundamental rights take effect in different ways.The third part is the applicable of horizontal effect of basic constitution rights inChina. This is the key part. It will explain three question. Firstly, why we have todiscuss this question in China; Secondly, if we have the condition to discuss thisquestion; thirdly, the range of the horizontal effect o basic constitution rights.Meanwhile, the body by virtue of its strong position against other private entities basicconstitutional rights in our society divided into the country as private law on the subject,quasi—state organizations and the social organization which has a strong position.Applying different model according to different private body. At last, I make a pointabout the applicable of Constitution.Lastly, it’s the conclusion: to the country as a private law on the subject and quasi-state organizations and the social organization which has a strong position,Constitution has direct effectiveness, but to the ordinary private body, Constitution hasindirect effectiveness.