On The Application Of Constitution In Civil Trial

This paper focus on how the constitutional law can be applied on civil cases, and will study its’theoretical and practice meanings. The whole paper would be lead by three questions:whether the constitutional law can be applied by courts, whether the constitutional law can be applied on civil cases, and how.The first chapter will demonstrate the premise of the whole paper, i.e. the constitutional law can be applied by courts. First, from the perspective of norm, constitutional law belongs to law. It is the fundamental norm of the whole legal system. Second, it is necessary to apply it in legal procedure, because it is the trend of the world. Also, it is the duty of court to apply constitution.The second chapter will focus on the counterview of the topic. It can be heard both from civil law and constitutional law that the function of constitutional law is to control the government, not a private person. On the other hand, the civil law has it own system that should not be broken. From the analysis of this chapter, we can avoid the dangers when applying the constitution.The third chapter will defend the topic also from two aspects:the civil law and the constitutional law. As for the civil law, it has the shortage of moral principles and the protection of human dignity. As for the constitutional law, it is insufficient to protect human rights and unable to control power if it remains its’traditional model.The last chapter will explore how to apply the constitutional law on civil cases. Based on comparative law, the paper will compare "the direct model" with "the indirect model", in which the best choice for China will be rooted. Second, with the help of R. Alexy’s fundamental rights theory and the state action theory, we will analyze how to deal with the conflicts of rights and how to discover the power element in civil cases.