自2001年齐玉苓等案件起,民法与宪法的关系遂引起我国学界关注。而2005年底以来《物权法(草案)》合宪性之争更是将之推上高潮。鉴于近几年暴力拆迁、“被”字一语风行等事件背后突显的权利焦虑愈来愈不容忽视,如何正确定位民法与宪法的关系对于真正保障人权意义重大,也对我国即将要出台的民法典的理念重构有着积极作用。 Since 2001, such as Qi Yuling, the relationship between civil law and constitution has aroused the concern of our academic circles. And since the end of 2005, “Property Law (Draft)” the issue of the constitutionality is to push it to its climax. Given the violent demolition in recent years, “be ” word prevalence behind the prominent anxiety of rights is increasingly overlooked, how to correctly define the relationship between civil law and the Constitution is of great significance to the real protection of human rights, but also on the forthcoming introduction of our country The concept of civil code reconstruction has a positive effect.