“Fundamental Rights and Private Law” in China  

作　　者：奚若晨 张翔 LIU Zhao XI Ruochen;ZHANG Xiang(Peking University Law School)

机构地区：[1]Peking University Law School [2]不详

出　　处：《The Journal of Human Rights》2023年第1期109-133,共25页人权（英文版）

摘　　要：The Qi Yuling case is a crucial juncture in the study of “fundamental rights and private law” in China, yet relevant research is underpinned on two clues. The first is that the increasing interest in the “constitutionalization of private law” worldwide provides knowledge resources and reference materials for scholars in China;the second is the understanding and exploration of the judicial application of the Constitution since the 1980s. Among them, such concepts as “the Constitution has direct legal effect” and “the Constitution needs to be implemented by the people” could have directly affected the Qi Yuling case. Focusing on such topics as the case of Qi Yuling, judicial enforcement of the Constitution, and the compilation of the Civil Code, scholars discussed the ways and scope for inclu ding fundamental rights in private law based on their experience abroad. They also looked into specific issues, covering how fundamental rights affect civil acts and the private law effects fundamental rights like personality rights, equali ty rights, freedom of speech, and protection of personal information. In the context of promoting the full implementation of the Constitution in the new era, “fundamental rights and private law” is still a field with great potential in both practice and theory.

关 键 词：the effect against a third party the case of Qi Yuling the judicial enforcement of the Constitution Civil Code constitutionalization of private law 

分 类 号：D921[政治法律—宪法学与行政法学]