2006Journal of Ningxia Communist Party InstituteRequires access

On the Private Law Effect of Constitutional Fundamental Rights

Feng Yun

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Abstract

According to traditional constitutionalism,the object governed by constitution refers to the public authority of the state.However,modern constitution develops in the way that it gradually has its effect on private law area.In China's judicial practice there constantly appear the cases in which non-public authority violates citizen's constitutional fundamental rights.AS a result,it is necessary for us to discuss on the necessity,condition and actual mode of fulfilling private law effect of China's constitutional fundamental rights.

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According to traditional constitutionalism,the object governed by constitution refers to the public authority of the state.However,modern constitution develops in the way that it gradually has its effect on private law area.In China's judicial practice there constantly appear the cases in which non-public authority violates citizen's constitutional fundamental rights.AS a result,it is necessary for us to discuss on the necessity,condition and actual mode of fulfilling private law effect of China's constitutional fundamental rights.

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Available abstract

According to traditional constitutionalism,the object governed by constitution refers to the public authority of the state.However,modern constitution develops in the way that it gradually has its effect on private law area.In China's judicial practice there constantly appear the cases in which non-public authority violates citizen's constitutional fundamental rights.AS a result,it is necessary for us to discuss on the necessity,condition and actual mode of fulfilling private law effect of China's constitutional fundamental rights.

Key concepts: Constitution, Constitutionalism, Fundamental rights, Law, Political science, Public law, Constitutional law, Public authority

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