The Effectiveness Of The Object Of Citizens' Fundamental Rights To Expand

The constitution mainly adjust the relationship between the state agency and individual, as well as the relationship between state agencies .Constitutional power is the legal compelling force and binding force of constitution. Contorlling the government is the main character of constitutional power. The traditional constitution theory believed that the constitution does not have the power between the equal main body. However, the development of society raised the inherent requirement for expanding the object of constitution power. The constitution also develops its power scope in the civil law domain. The United States and Germany are the typical representative of the "state action theory" and "third person power theory" .Their generation have the the inevitable legitimacy.In recent years, our country's scholars also started to pay attention to the fundamental right of the civil law power. This article namely takes the question by the public law theory as the theoretical background. It carries on the localization analysis to our country's fundamental right to the third person power question from the theory and the real diagnosis angle to advance this theory to our country constitution judicature's guiding sense. The author believed this theory has extremely important theoretical and practical value to our country. The author believe that our country should accept the indirect power of the third person theory, and simultaneously has the condition to be suitable the constitution text directly. The purpose of this article is to put forward a theoretical and practical significance of the theoretical concerns arising from scholars with a view to learn from foreign countries at the power of the Constitution of the third person to build on the theoretical foundation of our country's relevant institutions.