在民法典编纂背景之下,关于民法与宪法的关系已成为宪法学界与民法学界普遍关注的焦点,从理论上看,缺乏共识。然而,在司法实践中,法院民事审判实践频频引入宪法规范。具体而言,宪法规范和宪法解释已经切入民事案件审理之中。为此,需要从理性层面考察,需要确立正确的民法典与宪法的关系,并在立法与司法层面,需要将宪法切入民法之中。 Under the background of codification of civil code, the relationship between civil law and the constitution has become the focus of widespread attention both in constitutional law and civil law scholarship. Theoretically, there is a lack of consensus. However, in judicial practice, the civil trial practice in courts frequently introduces constitutional norms. Specifically, constitutional norms and constitutional interpretations have been brought into the hands of civil cases. For this reason, we need to examine it from the rational perspective. We need to establish the correct relationship between the civil code and the constitution, and at the legislative and judicial levels, we need to incorporate the constitution into the civil law.