一、简介有关基本权利对私法的适用是一个争论不休的问题。在过去十年间,许多国家都见证了基本权利对合同法、侵权行为法和财产法影响的不断增强的趋势。这种发展,有时候被称为“私法‘宪法化’”(constitutionalisation),通常被视为是非常有益的。允许基本权利对私人主体之间的关系进行调整看起来是一个比较不错的想法。然而,将那些被认为是处理国家和公民关系甚为公平的普遍标准亦适用于私人主体之间是值得怀疑的, I. Introduction The application of the basic rights to private law is a matter of endless debate. In the past decade, many countries have witnessed a growing trend of fundamental rights affecting contract law, tort law and property law. This development, sometimes referred to as “constitutionalisation” of private law, is often regarded as very beneficial. It may seem like a good idea to allow the adjustment of the relations between the private parties of fundamental rights. However, it is doubtful that universal standards, which are considered to be fairly fair in the relations between the state and citizens, also apply to the private subject,