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宪法是一个国家的根本大法,其具有该国家最高的司法效力。但人们对于宪法并没有一个实质的认识,仅仅停留在知道它是作为我国最高效力的法律而存在的,至于它的效力范围就无从知晓。就如人们在谈论自己的权利时,却忘记了自己应该履行的义务;而在履行义务时,却又往往忘记了自己应该得到的权利。其对于法律的效力界定十分模糊,也导致大部分情况下民众知法而不懂法,对于宪法对私法的影响并不了解。本文就宪法的效力界定为基础进行分析,讨论了国内外宪法对私法的影响,以及相关学说。
The Constitution is the fundamental law of a country that has the highest judicial effect in the country. However, people do not have a substantive understanding of the constitution, merely staying aware that it exists as the most effective law in our country and its scope of effectiveness is unknown. Just as people are talking about their rights, they forget what they should do, and when they fulfill their obligations they often forget what they deserve. Its very vague definition of the validity of the law also led most people to know the law without knowing the law, and did not understand the impact of the constitution on private law. This article analyzes the definition of the constitution as the foundation and discusses the influence of domestic and foreign constitutions on the private law as well as related theories.