关键词: 宪法, 国家公权力, 基本权利, 私法, 规范效力, 无效力说

Abstract: From the classical statements of the Western legal theories about the differentiation between the public and private laws，it can be roughly deduced that the basic rights are designed to effectively combat the illegal infringement of the state power；completely denying the value of the basic rights in the process of dealing with private relations constitutes the core of the traditional German constitutional doctrine of“invalidity”。 However，with the deepening development of academic research and judicial practice，more attention is paid to the application of the basic rights in private law relations，which has triggered public law scholars’systematic review of the normative implications of the basic rights. Therefore，it is necessary，at the theoretical foundational level，to do away with the traditional prejudice of“invalidity”which only emphasizes the subjective orientation of the basic rights，and to reconsider the cognitive argument that the theory of the validity of the basic rights to the third party is objectively oriented.Examining the logical relationship between the normative implications and functions of the basic rights may deduce the dual nature of the basic rights’normative validity. This is the proposition of the times that modern Chinese on stitutional studies can hardly avoid.

Key words: constitution, invalidity, basic rights, private law, normative validity