Contract Civilization And The Building Of Government By Laws From The Perspective Of Socialist Market Economy

This paper attempts to discuss the inherent logic and historical connections amongcontract,contract theories and contract civilization by making use of the principles of Marxistpolitical philosophy base on the knowledge of politics, ethics and law, tries to explain the systemfoundation and political claim of contract civilization under socialist market economy conditions,further investigates contractual reasons, the way to realize systems and institutional construction ofgovernment by laws with Chinese characteristics in special circumstances of law, politics culture andsocial contract relations, hopes to find theoretic resources of political philosophy and systematicframe of Chinese government by laws.Contract is used to explain various complicated social relations after mankind's generalizingcontract from commutation behavior and relations in the social activities. Contract in differentlanguage countries has different concepts and idea dimensions, from here entirely different contractualtheory and developed grain has also been deduced in western cultural background, and extremelydifferent or complicated contract fulfillment has special features. From the point of History and logicview, economic contract or civil contract applicable to private life and social contract or politicalcontract applicable to public life are the outcomes of their own path dependence respectively,although they have a close connection. Ethics, politics and public law has an integrity contractual idea(namely traditional social contract theory) as the whole of political philosophy meaning, and theyhave acquired systematical and classic explanation of contract theories. The inspiration source ofcontract theories which never dried up don't lies in its political and ethical norm, but lies in thecontractual spirit contained to contractual relations guiding mankind head for contract civilization.Contractual spirit is an important sign of modern social development, also a core of a moderncivilization to depend on which creates the brand-new form of civilization, namely contractcivilization.Contract civilization embodies contractual spirit that contains freedom, equal and rational spirit,which asks for help from other material, spirit and system civilization. It logically containscivilization structure of contractual idea, contractual relation and contractual system. By seepingthrough realms of politics, economy and social activities, contractual civilization becomes mankind'scommon civilization wealth. Ethical contents of contract civilization contain system ethics and socialethics. See from system civilization of contract civilization, merchandise economy or marketeconomy is its economic system foundation. The spirit of contract civilization embodying contractualspirit reflects the essential request of market economy and has promoted development of marketeconomy agreed with justice principle of freedom, equal, utility and rationality. During whichmerchandise, market and contract become mankind's common words. Contract civilization guided bycontractual spirit, contractual morals and contractual norm will definitely outstrip ideology limit and become mankind's common wealth by carrying out harmonious development of politics, economy andculture. Socialism market economy is an inevitable choice of entry-level stage of Chinese socialismpractice, it calls for contractual spirit and contract civilization to promote market economy anddevelop civil society. The contractual civilization advocated by Chinese socialism is systemcivilization that needs new explanation and definition, which is wanted to establish new conditions,guarantee economy contract build up on the foundation of equal free choice while effective operationof contractual rule or contractual ethics is widely expanded to political and social public life. All ofthis is the foundation of social commonwealth. Government by laws adapted to socialism marketeconomy and contractual system is a political power claim and an inevitable choice of contractualsystem civilization.Public contract as a dimension of social ethics is an important concept and category medium tosolve the problem of construction of government by laws in China, which was warned of "the mostdifficult problem, again just the problem that finally can be worked out " by Kant, also it iscontractual reason for construction of government by laws. However, the incompletion of publiccontract announced contractual predicament to government by laws. The contractual justice view ofMarx provides us superior solution and method to get away from contractual predicament ingovernment by laws. The contractual view of Marxism is contractual justice that contains value oftrue freedom and peace, outstrips the contractual justice view of western Marxists who think Marx'contractual justice to be exchange justice, or only economic justice and legal justice, it is a kind ofsystem justice and social justice adapted to the mode of production. As a result, it is a comprehensivestandard of value that blends multi-dimensions of politics, economy, morals and law category. Torealize this is a long process heading for completeness contract, which is subjected to social economyand political system. At the stage of entry-level of Chinese socialism, contractual justice by all meansrequests to change non-reasonable contractual relations and immoral contractual system of capitalismmarket economy, insist on democratic national system embodying principle of sovereignty of peopledemocracy and build up government by laws that reflects people's will and contractual idea ofsocialism ethics really. The government like this is the government by laws toward completenesscontract on the ground of law reasonableness, embodying the essential spirit of people, pursuing thecore value of administration justice.Contract theories take the essential problem as center of theories of knowledge, also take thelogic and the order as center of its methodology. Contractual methodology is the key to build up andconfirm contract theories of knowledge. As the certificate of government by laws based on liberalism,contractual methodology is a typical methodological individualism logically. The conversion ofContractual methodology wading from the related-value essential problem to the proceduralrationality of association having nothing to do with value, not only has acquired greater strength ofexplanation and instruction to the reality, but also has had aggressive meaning of regulation and construction of systems. However, contractual methodological individualism not only implicates basicdeviations and deficiencies, namely how to know and explain reasonably that society has initiativevalue for personal to a certain extent, which is the biggest predicament that methodologicalindividualism faces, but also abandons substantive justice and substantial ethics because of neglectingthe value of procedural justice and procedural ethics. While criticizing, inheriting and absorbingcontractual methodology experience on the foundation of liberalism, Marxists insist on the principleof people sovereignty and address deficiencies in guide to values, make use of methodological holismto set up a true socialism collective. Moreover, they provide us methodology instruction for theconstruction of socialism harmonious society and government by laws.Social harmony has been mankind's political ideality from immemorial time. The difference invarious political institutions only lies in the comprehension to social harmony and how to realize it.Socialism harmonious society requests harmonious relationships between state and society,government and citizens. The contractual way that guaranteed by government by laws is the basic wayto reach into harmonious society. The government by laws in harmonious society should bedemocracy government and service government, trustworthiness government and responsibilitygovernment, transparent government and effective government. The establishment of Chinesegovernment by laws under socialism market economy conditions should consider ethical politicsand contractual culture in Chinese circumstances and allowable social politics, economy and culturalcondition, well develop contractual society and functions of eastern society government by absorbingwestern contractual civilization and drawing lessons from empirical construction of government bylaws to build up Chinese government by laws via contractual interaction of national power and socialright, government power and citizen's right, the respective internal relations to each other, as well asthe supervision to power and right, the fusion of private method and public laws.Inquiring into the contractual choice of Chinese government by laws is aiming for ideal Chinesepolitical institutions. For Chinese government by laws to speak, constitutional contract is the basicfulfillment for democracy government. The guarantee of Chinese government by laws basically isdecided by contractual economy and social activities, as well as integrated contractual mechanism ofsociety. Contractual administration is available to the mode of supplying public goods and services, itembodies contractual rule and contractual culture, which wants public governor to obey contractualethics and firmly stand by public administration spirit. The legalization of contractual administrationconditions its effectiveness and equality, by means of which contractual administration has carried outits values in a unified way.