The Illusion of the Civil Law Imperialism and the Straying of the Constitutional Law:observing the argument of "according to the Constitution,this law is enacted" in another perspective
Cheng Xue-yang
Abstract
Cheng Xue-yang
Abstract
Whether the form of the drafted Law of the Real Right has violated the Constitution as the sentence that according to the Constitution,this law is enactedis not written,there was a heated argument between the field of the civil law and the field of the constitutional law in China,and the fierce argument had been lasting for long and still continues even now after the Law of Real Right has been passed.It is important and urgent to analyze the reasons why it was hard for both parties to reach a common understanding about the argument and find a reasonable answer.Although the civil law has fully shown the desire towards the rule of law and the civil society,it has chosen a not-very-proper approach of demonstration and therefore has come to some deliberated conclusions.Undoubtedly,in the law system of one country,the Constitution is the only fundamental law.However,the demonstration of the Constitution being fundamental does not mean that the sentence that according to the Constitution,this law is enacted should be written in the law.That the field of the constitutional law sticks to writing this sentence shows their misunderstanding towards the Constitution being fundamental.So the argument not only reflects the rule of law in our country facing complex and difficult situation,but also indicates the necessity of communications between different fields of the law.
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Whether the form of the drafted Law of the Real Right has violated the Constitution as the sentence that according to the Constitution,this law is enactedis not written,there was a heated argument between the field of the civil law and the field of the constitutional law in China,and the fierce argument had been lasting for long and still continues even now after the Law of Real Right has been passed.It is important and urgent to analyze the reasons why it was hard for both parties to reach a common understanding about the argument and find a reasonable answer.Although the civil law has fully shown the desire towards the rule of law and the civil society,it has chosen a not-very-proper approach of demonstration and therefore has come to some deliberated conclusions.Undoubtedly,in the law system of one country,the Constitution is the only fundamental law.However,the demonstration of the Constitution being fundamental does not mean that the sentence that according to the Constitution,this law is enacted should be written in the law.That the field of the constitutional law sticks to writing this sentence shows their misunderstanding towards the Constitution being fundamental.So the argument not only reflects the rule of law in our country facing complex and difficult situation,but also indicates the necessity of communications between different fields of the law.
Key concepts: Constitution, Law, Civil law (Civil law), Argument (complex analysis), Public law, Comparative law, Municipal law, Political science