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经历了数十年的权衡斟酌,在依法治国,建设社会主义法治国家已经被确认为宪法规范的新背景下,经公民一方不断提出具体诉求,最高人民法院再次开放了在审判实务中,对适用宪法权利规范所保持的谨慎态度,于2001年8月13日公布了法释[2001]25号《关于以侵犯姓名权的手段侵犯宪法保护的公民受教育的基本权利是否应承担民事责任的批复》。指出:“陈晓琪等以侵犯姓名权的手段,侵犯了齐玉苓依据宪法规定所享有的受教育的基本权利,并造成了具体的损害后果,应承担相应的民事责任”。对这一必然对我国司法制度乃至国家法治建设产生深远影响的司法解释,最高人民法院的法官首先做出快速反映,称其“创造了我国宪法司法化的先例”;“开创了法院保护公民依照宪法规定享有的基本权
After decades of weighing trade-offs, under the new background of being ruled by law and building a socialist country governed by the rule of law as a constitutional norm, the Supreme People’s Court has once again put forward specific demands in the trial practice. The cautious attitude maintained by the norms of constitutional rights was announced on August 13, 2001, with the approval of Fashi [2001] No. 25 on whether civil rights should be borne by the citizens who violated the constitutional protection by means of infringing their names ”. Pointed out: “Chen Xiaochi and other means of infringing upon the right of name violate the basic rights of education enjoyed by Qi Yuling in accordance with the provisions of the Constitution and have caused specific damage and should assume corresponding civil liability.” Judge of the Supreme People’s Court first made a quick response to this judicial interpretation which inevitably had a far-reaching impact on the judicial system of our country and on the rule of law in the country. It said that it “created a precedent for the judicialization of our constitution.” Protect citizens’ basic rights enjoyed by the Constitution