摘要
21世纪初所发生的两次"民宪关系"之争是法学界颇为重要的学术景观。就第一次论争而言,由于民法学者和宪法学者各有相应的学术怀抱,致使其成为一场没有真正交锋的学术争鸣,所以,核心问题并没有得到解决。由于第二次论争只是第一次论争的延续,因而迄今为止,在学术观点上并无提升和突破。为了使学术讨论富有针对性,也为了解决笼罩在民法典编纂中所面临的"宪法学难题",迫切需要将宪法解释置于核心位置。只有这样,才能"平息"关于民法与宪法关系的诸多无谓争论,进而形成学术合力以保证民法典编纂成果的合宪性及与中国社会的契合性。
At the beginning of the 21st century, two--time debates over the relationship between Constitutional law and Civil Law became a quite important academic landscape in the law field. As for the first debate, it was not a real tit--for--tat academic controversy because the civil taw scholars and consti tutional scholars both had their own corresponding academic points of view, and then the core problems were not solved.Thus the second debate was also a continuation of the first debate. So far, there is still no any improvement and breakthrough on the academic points of view in the second debate. For the urgent- need, the constitutional interpretation should be put in a core place so that the academic discussion can become targeted and the ＂constitutional problems＂ in the compilation of the civil code can be solved. Only in this way, many meaningless arguments about the relationship between Civil Law and Constitutional Law may come to an end, and then an academic join force may form to ensure the constitutionality of compiling results of the civil code and correspondence with Chinese society.
出处
《中外法学》
CSSCI
北大核心
2017年第2期340-356,共17页
Peking University Law Journal
关键词
“民宪关系”之争
策略之争
理论之辩
学术品质
宪法解释
Debate Over the Relationship between Civil Law and Constitutional Law
An Argumentabout Strategy
The Debate on Theory
The Academic Quality
Constitutional Interpretation
