On the Establishment and Realization of the Effectiveness of Constitutional Basic Rights to Private Law

In traditional constitutional theory,the constitution takes the rights of the State as the only constraint object,and the constitutional provisions of fundamental rights cannot be applied in the field of private law. However,nowadays in German and American Constitutions,the constitutional validity is gradually extended to the field of private law,which shows the development trend of modern constitutions. In China,influenced by the two judicial interpretations,the effectiveness of the basic constitutional rights to private law has not been taken seriously. With the development of constitutional government and the changes of constitutional value,the effectiveness of the constitutional basic rights to private law began to develop in theory and practice,which is referential to the realization of the effectiveness of the basic rights to a third party in China,and can provide a theoretical basis for our judicial practice.