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宪法私法化作为宪法学中的一项新问题,同时也成为了当下国内外宪法学界的讨论焦点,宪法私法化在我国内地的引入时间较短。在关于对宪法基本权利介入私人关系的研究中,普遍表现出宏观性,只是指出了基本权利的直接和间接效力。本文在宪法私法化的理论基础上,对我国宪法私法化的具体方式以及所面临的难题进行了探讨研究,证明宪法私法化在我国的可行性。
Constitutional private law as a new issue in constitutional law, but also has become the focus of discussion at present domestic and foreign constitutional scholars, private privatization of constitution in our country was introduced a short time. In the study of the involvement of the constitutional fundamental rights in the private relations, the general display of the macro nature, but pointed out that the direct and indirect effects of basic rights. Based on the theory of constitutionalization of private law, this paper probes into the specific ways of our country’s constitutionalization of private law as well as the problems it faces. It proves the feasibility of constitutionalization of private law in our country.