法治的意识基础：契约精神与宪政精神

民事契约和社会契约在主体状态、缔约目的、实现方式、违约后果上都有差异,具有各不相同而又整合一体的契约精神。宪政既要求有限政治又要求责任政治,它们都以契约精神作为意识基础,并体现着宪法、民主、法治、人权等理念在内的宪政精神。契约精神与宪政精神的确立,是中国法治发展的要求,也是中国法治得以建立或实现的意识基础。

Ideological Basis of Constitutionality:Spirits of Contract and Constitutionalism

Civil contract and social contract are different in the subject state, purpose, means of realization and result of the breach but they are integrated too. Constitutionalism requires limited politics as well as liable politics, both of which are based i-deologically on contract spirit and show spirit of constitutionalism, which includes constitution, democracy, constitutionality and human rights. Establishment ol spirits of contract and constitutionalism is necessary for the development of constitutionality in China and the ideological basis for the establishment and realization of constitutionality