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随着我国民主法制建设进程的加快,宪法基本权利在民法中的适用被越来越多的人所津津乐道。这涉及到观念的转变、制度的改革等诸多问题,既要发挥其制度上和司法实践中的优势,又要避免出现“泛宪法化”的现象。本文就这一问题进行了探讨,分析了宪法基本权利在民法中适用的诸多优点,介绍了国外的相关经验,并提出了对我国立法和司法实践中的相关建议,以期对我国以后建立此项制度有所帮助。
With the acceleration of the process of building a democratic legal system in our country, the application of the basic constitutional rights in the civil law has been rewarded by more and more people. This involves many issues such as the change of concept and the reform of the system. It is necessary to give full play to its superiority in the system and judicial practice and avoid the phenomenon of “pan-constitutionalization.” This article has carried on the discussion to this question, has analyzed many advantages which the constitutional basic rights applies in the civil law, introduced the foreign related experience, and put forward to our country legislation and the judicial practice the related suggestion, with a view to this item System helps.