| Principally, the rights proscribed in the constitution can not be applied as private laws, whose reasons are: first, to avoid the conflicts of the different types of constitutional rights in the private application; second, the public nature and the function of’defining the scope' of the constitutional rights determine that they do not fit the private application. However, it has raised an inherent requirement of the application of the constitution as a private law by the social development, the main elements of which include: the structural transfer of the state function, as well as the emergence of the private corporations assuming public function, has brought the possibility of the violation of citizens' constitutional rights by the private corporations; the nonfeasance of legislation has results in the establishment of constitutional rights in vain. Under the conflicts of traditional position of constitutional rights and the inherent requirement of actual society, there has gradually come into being the theories and the assistant systems of the application of the constitution as a private law in each countries, the typical of which are the theory of’Effectiveness on the Third Party' in German constitution, and the theory of’State Behavior' in American judicial review.China must establish her own theory and operational system of the application of the constitution as a private law. |
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