契约文明视野下的法治政府建设

Construction of Government by Law from the Perspective of Contract Civilization

契约文明是现代社会的重要特征,在现代社会,正是契约维持了人与人之间的关系,维持了社会的安定。国家与人民之间的关系是契约关系,国家或政府的权利来自于人民部分授权,法律是对契约关系的确认,因此法治政府必然是有限的政府、正当程序的政府和责任的政府。为了使政府不偏离人民的授权,必须建立司法审查制度。

As an important feature of modern society, contract maintains the interpersonal relationship and the social stability. Contract also characterizes the relationship between the nation and the people. The power of the nation or government is endowed by the people. The law is the confirmation of the contractual relationship. Therefore, government by law is bound to be a limited government, a government of due process and a government of obligation. In order to avoid the impartiality of people＇s authorization, the judicial review system has to be established.