The effect of constitutional rights in private law in the world and recent developments in China

Abstract

In China, starting with the Qi Yuling case in 2001, research on the effect of constitutional rights in private law has progressively gained attention and been promoted. This effect, also known as the effect of fundamental rights on third parties or horizontal effect, first emerged in Germany and gradually spread across Europe and other regions worldwide. This article initially analyses various perspectives on the effect of constitutional rights in private law in the world through the views of Chinese academic discourse, as well as the trends in reception and judicial practices in China. On that basis, the article proposes some potentials for further research on the relationship between the Constitution and private law in Vietnam.