Generally speaking, the constitution validity realization mode is divided into direct effect and indirect effect. As the state power multiple distribution of the political system, the constitution validity realization is the first national power reasonably, operating constraints the power under the constitution to delineate the track; the constitution law, the government executive law, the courts; at the same time, in the parliamentary legislation, the government can not follow the right of judicial review of the court or the conflict between the to solve the power, power and rights, must take the constitution as the basis. The constitution of this without the help of intermediaries, direct effective way, known as the direct effect of the constitution. The indirect effect and the implementation of the laws enacted by the legislature of the administrative law enforcement, the court -- law, civil law -- is the embodiment of the constitution.

Is that there is a problem, if the lag of legislation or omission, resulting in the basic rights of citizens subject to privatization but not relief when how to do?

So some people put forward the "theory" or "constitutional private law theory of the third person effect". The theory originated in germany. The direct effect of the German constitutional court denied basic rights in private law, and the use of the "basic right effect on the views of third people of the" idea, the theory is that: the effect of the fundamental rights in the judicial field, should be generated through the court "constitutional interpretation of" general provisions of civil law or the concept of uncertainty however, the basic rights to private law, so that the basic rights of judicial relations have indirect effect.

Wang Zejian in his "general principles of civil law" also mentioned and subscribe to this theory, he thinks, the basic constitutional rights is not only the individual, subjective rights, is a system of value objective, spread to all fields of law, especially the law. Value system of "general provisions of civil law" after the implementation of "the basic rights of constitution", can guarantee the autonomy of private law in the legal system, the private law to solve the issues of private law within the complete system, to maintain the consistency of the whole order. He also cited an example: female workers employed at the beginning, in advance for the book provides a "if the marriage must resign" clause. This would violate the constitutional principle of equality between men and women, and restricted the basic freedoms and rights of people about the wedding, it can be based on breach of law established by the "principle of public order and good customs" of the referee, invalid.

However, even in Germany, criticizing this theory has never stopped, there are two main reasons:

First, in terms of basic rights stipulated in constitution principle, specific to the abstract law general provisions to achieve, its content is obviously difficult to achieve. In terms of practical application of civil law "clause of the constitution, and self deception, deceive oneself and others suspect, because in this case and the basic rights of" direct effect "is not fundamentally different. Secondly, take direct "direct effect" theory is better than the indirect effect theory. The victim may according to the "legislative inaction" to take over the proposed compensation; legislation, which not only can make up for the personal injury, can also promote the legislature to better fulfill its legislative obligations, which makes this kind of infringement is not impossible to follow, but also avoid the judicial power into legislative power, to ensure that the superior position of the legislature in judicial on the protection of.