Western Modern Social Contract Thought And Constitutionalism Meaning

In the history of western politics and laws thought,the social contract theory is of long standing and well established,the influence of it is far-reaching.This theory can be traced back to the Sophists such as Protagoras and Antiphon,but Epikouros is the first people who systematically explained the social contract thought.Regarded as the ideological weapon which objects to the feudal " Divine Right of Kings ",the social contract thought is described and consummated by the domestic and international scholars who mostly stand on the basis of " freedom and equality,country and law, and country and society.Meanwhile,they think that the freedom,equality and human rights are the cornerstone of the social contract though,the country is the result concluding the contract each other among people,and the purpose of the social contract thought is controlling power,ensuring human rights.The social contract thought has embodied basic value and idea of the constitutionalism,has explained some questions such as state power justification,state power stems from the people,and has outstandinged the spiritual inside information of ensuring human rights.The paper sets about from the changes of the modem social contract thought, importantly analyzes the basic idea about social contract thought since Hobbes,Locke and Rousseau,such as " natural state,natural right and natural law,private property and political society,and people's sovereignty ",etc..In the second part,the paper analyzes the era background and practical significance of the modem social contract theory.It points out that the social contract theory's basis is becoming mature contract economy in Europe,the contradiction and conflict between becoming increasingly stronger citizen class and feudal nobles and long standing social contract theory.And explains that the modem social contract thought has offered the basic foundation for the people appealing for individual rights such as equality and freedom,etc..,and it has established theoretical foundation for realizing national democracy.In the third part,the paper analyzes the meaning of constitutionalism of the modem social contract thought.It points out that the modem social contract thought has established the firm faith of constitutionalism for the western society,and it has offered the direct theory for the western constitutional movement.Morever,the paper expounds the effect of the Chinese constitutionalism sources on the social contract theory,and points out that people need enough subject and right consciousness;The government power need to be effectively supervised and limited and it means that China need to set up the contract negotiation working mode which must be suitable to its own national conditions.In the concluding remarks,the paper have proposed western modern social contract thought and western constitution,constitutionalism are close and related,and they have offered the beneficial reference for later on the classical constitutionalism practices of western countries such as U.S.A.,France,etc..We can say the modem social contract thought is the source and foundation of the western constitutionalism. There is no modern social contract thought,there is no magnificent civilization of the western constitutionalism.Today when China builds democratic politics, constitutionalism society,the western social contract thought with a long history undoubtedly still has a very important reference meaning.