弱势群体保护的社会契约分析

The Social Contract Analysis on the Protection of the Disadvantaged Group

社会契约的“订立”旨在使人类摆脱“自然状态”进入“社会状态”;作为国家“存在原理”,社会契约主旨是解决个人、社会和国家之间的权利与义务问题,其终极关怀是人民的福祉——保障安全、自由、财富和尊严等。但这些可欲的价值的实现须符合一种正义的原则和道德要求:平等对待和惠及包括弱势群体在内的社会合作体系中的每一个立约者。平等、互惠构成弱势群体保护的社会契约基础和道德义务,也是社会契约和社会秩序的实现条件。在这一意义上,不保护弱势群体,社会契约目的就不能达到,政府合法性就被质疑。弱势群体保护需要对社会契约进行动态完善——创新保护模式、着力后续调整、突出经济权利、建立诉讼制衡机制、高扬人本立约观。

The purpose of making the social contract is to get human off ＂natural state＂ and step into ＂social state＂. As the principle of national existence, social contract is to resolve the problems of right and duty among individual, society and country, and its ultimate care is the welfare of all the people, including achieving values such as safety, liberty, wealth, dignity and so on. But a just way is needed to realize these eagerly desired values. Contracting and founding should benefit every contracting party equally including the disadvantaged group in the social cooperative system. The social contract needs to realize basic justice, and it＇s also the essential factor to achieve social contract and social order. In this sense, the purpose of social contract cant be achieved if the disadvantaged group couldn＇t get protection, and the legitimacy of government will be challenged. For the disadvantaged group protection, the social contract needs some development to make perfection, including exploring protective model, stressing future adjustment, emphasizing economic right, establishing litigation with the system of checks and balances, and carrying forward the view of humanistic contracting.