宪法权利的私人间效力

Discussion about the Effectiveness of Constitutional Rights on Individual Relationship

传统的宪法理论认为,宪法权利是公权力,原则上不能用于调整私人间关系。但随着现代宪法的发展,宪法效力渐渐向私领域发展。中国应当采取合适的理论和具体的模式来实现宪法权利的私法效力。

According to traditional constitutionalism, the constitutional right is a kind of public right and it can＇t be used to regulate the relation between citizens in principle. However, modern constitution develops in the way that it gradually has its effect on the relationship bctwceu the individuals. China must establish its own theory and actual mode of the application of the constitution as a private law.