迄今为止,在追求民主法治的当今社会,相对于宪法关系而言,民事法律关系、刑事法律关系及行政法律关系无论在实体还是程序方面都已日益成熟、全面和完善,相关领域的法律关系理论也已经达到系统化和条理化的程度,并且指导着司法实践,对具体案例的审理各自发挥着应有的作用。可对于应该置于上述三大法律关系之根本基础地位的宪法关系理论却不甚成熟。其原因就在于作为国家根本法的宪法被司法机关拒绝适用,虽然在2001年,最高人民法院发布了《关于以侵犯姓名权的手段侵犯宪法保护的公民受教育权的基本权利是否应承担民事责任的批复》中进行了宪法适用,但是这种适用还是一个低 So far, the relationship between civil law, criminal law and administrative law has become increasingly mature, comprehensive and perfected in the current society of pursuing democratic rule of law as opposed to the constitutional law. The theory of legal relations in related fields Has also been systematized and systematized, and it has guided the judicial practice and played its due role in trial of specific cases. The theory of constitutional relations that should be placed on the fundamental foundation of the above-mentioned three major legal relations is not yet mature. The reason for this is that the constitution as the fundamental law of the country is rejected by the judiciary. Although in 2001 the Supreme People’s Court promulgated “whether civil liability should be borne by the Supreme People’s Court as to the fundamental rights of the citizens who violate the constitutional protection of the right to education by infringing on their names Reply ”in the constitutional application, but this application is still a low