为了回应经典宪法定义的缺陷,刘茂林教授提出了“宪法就是政治共同体的规则”这一命题。宪法是凌驾于公法和私法之上来协调公法和私法之间关系的根本性的共同规则,是直接表达整体性的法律,部门法是不自足的,应该从宪法那里获得满足它自己的必要条件,甚至还有许多实质性的东西。 In response to the defects of the classical constitutional definition, Professor Liu Maolin proposed the proposition that “the constitution is the rule of the political community”. The constitution is a fundamental common rule that overrides the relationship between public law and private law to coordinate the relationship between public law and private law. It is a direct expression of the law of the whole. The law of the subordinate department is not self-sufficient. Therefore, it is necessary to obtain from the constitution the necessary conditions to satisfy itself, There are even many substantive things.