宪法作为民法的法源,应该是指宪法在法官进行司法适用和审理判决是应该可以援用宪法作为裁判依据。本文主要从论述宪法作为民法法源的真正含义出发,针对目前学界主流理论观点的误区和宪法司法适用在实践中的尴尬境地予以一一驳斥,分析宪法作为民法法源的正当性,并指出其适用路径。 As the source of law of civil law, the constitution should refer to the constitutional act as the basis of referees when constitutional judiciary should be applied judicially and judge the verdict. Based on the discussion of the true meaning of the constitution as the source of civil law, this essay refutes the misunderstandings of the current mainstream academic viewpoints and the embarrassment of judicial application of the constitution in practice. It analyzes the legitimacy of the constitution as the source of civil law and points out that Applicable path.