一、小引:问题与视角在20世纪90年代,一批具有深沉问题意识的民法学家曾率先拉开了宪法学与民法学对话的帷幕,纵论市民社会与政治国家、公法与私法、民法与宪法之间的关系等重大问题,在民法学界乃至宪法学界、法理学界中引发了一场颇为广泛的讨论。~①然而,在今日看来,这注定是一场并未终结的讨论。刻下围绕《物权法草案》所生发 First, Small Citation: Problems and Perspectives In the 1990s, a group of civil law experts with deep sense of problems took the lead in opening the dialogue between constitutional law and civil law. They discussed civil society and political states, public law and private law, Civil law and the relationship between the constitution and other major issues in civil law and constitutional science, jurisprudence led to a rather extensive discussion. However, for today it is bound to be an unfinished discussion. Carved around the “Property Law Draft” by the hair