On The Absence Of Contract Spirit In The Constitutional Process In China And Its Construction

Spirit of contract is a product of the development of commodity economy, modern spirit of contract on the ideology of the market in concentrated form, is a concentration of new political ideas of civil society and in concentrated form. Contract spirit bears rich connotation, mainly including body awareness, awareness of rights and obligations, freedom, equality, democracy, rule of law, cooperation spirit concept, credit (law and trustworthy character), Tolerant ideas, the idea of harmony. Contractual spirit as the core of modern Western civilization, for generation of constitutionalism and the constitutional system of construction provides a wealth of value basis. It plays a strong role in promoting the development of constitutional Government in the West, and the enlightenment to the construction of constitutional Government in China:realization of constitutional Government, without the constitutional spirit of the guidelines, and the spirit of contract is constitutional thought (or constitutional spirit) basis of consciousness, constitutional spirit is the spirit of contract extension and application of in the political arena. Panoramic view of the constitutional history of China, will find China's constitutional Government in name only. Spirit of contract as a basis for constitutional awareness of, lack of it in Chinese society seriously block the process of China's constitutional Government. Therefore, in the current social context, lack of careful analysis of the Chinese spirit of contract reasons, greatly promoting the construction of the whole of society the spirit of contract, on constitutional development in China, undoubtedly has a very important theoretical significance and practical significance. The author in the process of writing papers, using historical documents in law, comparative analysis, comparative analysis of constitutional history and the history of Chinese constitutional Government in the West, initially concluded that the causes of missing the spirit of contract in China and with interdisciplinary method, philosophy, economics, political science, sociology, ethics, and other disciplines of knowledge to expand the discussion. I think, missing the spirit of contract in China are mainly economic, political, cultural, legal, social five reasons, combined with China's specific national conditions, imagine a few ways of cultivation in China construction contract spirit.