契约精神与宪政

契约精神是现代市场经济在观念形态上的集中表现,是市民社会新的政治理念的浓缩与集中表现。宪政是指国家依据一部充分体现现代政治文明的宪法进行治理,以实现一系列民主原则与制度为主要内容,以厉行法治为基本保证,以充分实现最广泛的人权为目的的一种政治制度。契约精神,与宪政具有内在的逻辑关系即契约精神是宪政思想的重要来源,源于契约精神的平等、自由因子是宪政的灵魂;契约精神为宪政秩序的构建提供了具体的制度范式;契约精神与宪政彼此互动,所产生的时代新精神,不断推动着宪政制度走向完善。

The Spirit of Contract and Constitutionalism

The spirit of contract is the modern concentrated exp re ssion on the ideology of market-economy, it is the concentration and concentrat ed expression of the new political idea of civil society. As a kind of political system, Constitutionalism demands state conducts its control by a constitution which embodies modern political civilization abundantly, regards the realization of a series of democratic principles and systems as the main its content, consi ders the practice of ruling of law as main its guarantee, takes the realization of the most extensive human rights as its purpose. There is an inherent logic re lation between the spirit of contract and constitutionalism:Namely, the spirit o f contract is the important source of the thought of constitutionalism, equality , freedom that coming from the spirit of contract are the soul of constitutional ism; The spirit of contract has offered concrete system paradigm for constructio n of the order of constitutionalism; The spirit of contract interacts with each other of constitutionalism, the spirit of the times produced which is pushing fo rward the system of constitutionalism being perfect constantly.