On The Protection Of Basic Rights In Civil Judgment

When a civil judgment involves the protection of the constitution rights,if the court does not take into account the constitution rights,although in the civil legal system,the verdict can be justified,because of the basic rights of infringement cannot be protected,in the entire constitutional system,the verdict cannot be justified.Therefore,it is necessary to combine the internal justification with external justification to resolve this contradiction.So,in this paper,I will focus on the application of basic rights in the adjudication of private litigation.The article is divided into seven parts:The first part mainly introduces the origin of the problem,the research status and the problems to be solved.At present,the study of the basic rights protection in the civil judgment mainly includes the influence of basic rights in private law,the judicial application of the basic right,the interpretation in accordance with the constitution,and so on.The relationship between the justification of civil judgment and the protection of basic rights is not studied.Therefore,this article attempts to introduce the method of civil judgment justification to protect the basic rights of the parties.The second part mainly discusses the meaning and relationship between internal justification and external justification.The internal justification is the the subsumption model of rule-based reasoning,which means that a judgment can be justified according to the existing civil law and the conclusion must be inferred from the rational normative premises.The external justification concerned that the justification of the norm and the verdict,which is based on the legal effect of the entire legal system to test whether the norm or verdict is correct,appropriate,acceptable and constitutional.In the individual case,the interpretation and application of the law is inseparable,so the internal justification and external justification is interlinked,transmitted.The third part mainly discusses the private law foundation of the protection of the basic rights in the internal and external justification of civil judgement.During the justification,the judge has the obligation to protect basic rights.In addition,after analyzing the norms of private law in our country,we can see that the private law system in our country is not only in the normative type of private law,the normative structure of private law or the legal basis system of private law subjects are also internal and external maintenance.Therefore,the judge should be in accordance with the standards of legal validity in the entire legal systrm to the legitimate and constitutional control of the legal consequence of subjects' behaviors.Based on this,the internal justification and external justification of civil judgement can play the integration of private law norms and the entrie legal system.The fourth part mainly discusses the theoretical foundation of the protection basic rights in the internal and external justification of civil judgement.Objective system of values,human image,the duty to protect the basic rights of its citizens,as well as the radiating effect of basic rights and the blanket clause of private law in fact plays a crucial role in the internal and external justification of civil judgement.Therefore,the judge can be in accordance with the requirements of the constitution to develop private law,to make the decision to meet the decisions of the basic rights value.The fifth part mainly analyzes the necessity and feasibility of the protection basic rights in the internal and external justification of civil judgement.In the legal system,the constitution is not only the highest and the basic document which contains enforceable human rights provisions,but also has the function of the maintenance and integration of the legal system.In addition,the “human rights clause” of the constitution puts forward the obligatory requirement to the state,and has the highest value decision.So,the basic rights argumentation gives more legitimacy to the new private law interpretations and protects them from objections based on arguments not backed on basic rights.The sixth part mainly introduces the argumentation method of the protection basic rights in the internal and external justification of civil judgement,which contains the rule-oriented and results-oriented approach of interpretation in accordance with the constitution.Based on the approach of interpretation in accordance with the constitution,there will be a hierarchical subsumption relationship between the constitution provisions,private law norms and the fact-specific.There are two purposes in the view that the protection of basic rights in the internal and external justification of civil judgement,that is,to protect the basic rights of the people and to maintain the unity of the entire legal system.The seventh part mainly analyzes and summarizes the concrete way of guaranteeing the basic rights in the internal and external justification of civil judgement.According to the difference in the degree of necessity of protection of basic rights in the individual case,the concrete way can be divided into three types: more legitimacy argumentation,support and protection,balancing of interests.But no matter what type,the concrete way of guaranteeing the basic rights is a triangular relationship of “Offer—Staat—St?rer”.According to the principle of equality and optimization requirements of basic rights,the protection of basic rights must be realized to the greatest extent possible,given the factual and legal possibilities.