2009Journal of Hunan UniversityRequires access

On the Private Law Relief for the Basic Constitutional Rights

Chen Lu

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Abstract

Since the constitutional law is a fundamental law of the country and important source of civil law, the private law relief should be provided for basic constitutional rights. Because of the principles of constitutional norms and the status of judicial power, there exist practical hazards of the application of direct affect theory of constitutional law under the current legal circumstances of China. It should be wisdom to establish the indirect affect mechanism of constitutional law by way of general personal rights.

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Since the constitutional law is a fundamental law of the country and important source of civil law, the private law relief should be provided for basic constitutional rights. Because of the principles of constitutional norms and the status of judicial power, there exist practical hazards of the application of direct affect theory of constitutional law under the current legal circumstances of China. It should be wisdom to establish the indirect affect mechanism of constitutional law by way of general personal rights.

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Available abstract

Since the constitutional law is a fundamental law of the country and important source of civil law, the private law relief should be provided for basic constitutional rights. Because of the principles of constitutional norms and the status of judicial power, there exist practical hazards of the application of direct affect theory of constitutional law under the current legal circumstances of China. It should be wisdom to establish the indirect affect mechanism of constitutional law by way of general personal rights.

Key concepts: Law, Public law, Political science, Constitutional law, Private law, Municipal law, Civil law (Civil law), Comparative law

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