2007年3月16日通过的《物权法》,在制定过程中已引起了诸多争议,其中被称为“物权法草案违宪争论”尤为引人注目。与其说这一争论最初是法律范畴的争论,不如说更多地体现了意识形态色彩浓厚的社会批判,之后随着争论范围的扩大与水平的提高,又展开了“民法VS.宪法”或是“私法VS.公法”的讨论。本文首先将介绍这一争论的概况,主要就“民法VS.宪法”格局下展开的争论内容进行探讨,希望通过分析争论中各方主张的目的、背景,以 The Property Law, passed on March 16, 2007, has caused much controversy in the process of formulation. Among them, the Property Rights Law, known as the unconstitutional controversy, is particularly noticeable. This controversy is not so much the controversy of the law category at first as it is more of the ideological strong social criticism, and then as the scope of the debate expands and the level rises, it has launched a “Civil Law VS. Constitution” Or “Private Law VS. Public Law ” discussion. This article will first introduce the general situation of this debate, mainly on the “Civil Law VS. constitutional” pattern of the debate on the content of the debate, hope that by arguing the parties in the debate on the purpose and background to