Research On The Relationship Between Civil Law And Constitution Law

In the compilation of civil code in full swing, it is important to clarify the relationship between the Constitution and civil law, and to compile the civil code. Previous to the relationship between the Constitution and civil law inquiry and debate, always confuse the facts and value dialogue, one-sided adhere to the supremacy of the constitution or paranoid that priority of private law, the development of the civil law and the constitution of the history and the current status quo lack comprehensive enough understanding, lead to a lack of consensus conclusion, leading to difficulties in practice.Therefore, the understanding of the laws of the two yuan refined from a new perspective and distinguish between ideal and reality, the difference between fact and value, expands the observation on the two basic view of natural law and positive law, provides the basic premise and analysis framework for discussion of the relationship between the civil law and the Constitution, and from the right of privacy and property rights in the the micro level perspective, there is a specific discussion on the relation between civil law and the Constitution in the protection of the rights; subsequently investigated in comparative law sense, based on the basic rights of the German law of the third party and American law countries to introduce the theory, pointed out the protection of the rights in the Constitution and need under the integration with the civil law, but the integration has strict limits. Therefore, in the aspect of fact and value in the field of constitution and civil law respectively, to make the evaluation attribute, the relationship between civil law and the constitution concluded: to be cautious about civil law superior position, always adhere to the supremacy of the constitution, the Constitution and the civil law of cooperation, in order to achieve the comprehensive protection of the rights.And the early introduction of the consideration of the civil code, take into account the reality of our country’s legal system, constitutional recognition in the real law system in the first place, as real law system an important member of the civil code, in the form of compromise, write "according to the constitution, formulate provisions of this Law", both help civil code conforms to the socialist legal system of external demand, and can reflect the support of the constitutional code in the ideological level, is also in line with the modern situation of constitutional rule from a technical point of view to consider, this form of compromise is necessary, but also feasible.