On The Conceptions Of Social Contract For The Macro Control Law

In the beginning, Contract theory was a basic concept in Civil and Commerciallaw. But in modern times, the western legal scholars created a new set of Social andPolitical Theory—the Theory of Social Contract, after the unremitting efforts of thosewestern scholars. The purpose of the contract theory is to explain the relationshipbetween the government and people, as well as the origin of the country. According tothe theory of social contract, the country is formed by the format of the social contract,which is desired and signed by the people of the country. The emergency of the socialcontract theory has aroused many scholars’ interest, more and more scholars began tostudy the theory of the social contract. The thought of equality and freedom in the socialcontract was the source of individual’s basic rights and the democratic theory of thestate. The social contract theory advocates that the power of the government should berestricted and the government should take its responsible for using its power. Thewestern society entered the period of monopoly capitalism with the development ofsocial productivity. The laissez-faire economic theory could not suitable for thedevelopment of economic at that time. The economic law appeared as the theory of stateintervention in economy has been putted forward to adapt to the economic requirements.As an important part of the economic law, the Macro control law has obtained very bigdevelopment since it’s appeared. The Macro control law is still an emerging disciplinesince its history is very short, and the basic theory of this new discipline still needs to beimproved. The basic theory of the Macro control law in China is particularly needs to beimproved for it has a shorter history.In this article, it attempts to use the perspective of social contract theory to explorethe essence of the macro control law, in order to clarify the relationship among marketentities, the relationship between the government and civics, and also the relationshipbetween civil economic rights and national economic rights. This article began with thefoundation of social contract and the theory of social contract, and explained thehypostasis of the macro control law in the perspective of the theory of social contract inorder to point out the relationship between the nation and the citizens in economic areas.This article also stated that in the present time, the essential of the macro controlcontract represented the harmonious rational theory. Discussing the major inspirit insocial contract theory in macro control law and analyzing the importance of the inspirit of social contract in building harmonious society. With the promotion andimplementation of the macro control law, the people know the macro control law well.And also it drives people to obey the government management to comply with themacro control laws, which is mainly due to the cognition of the essential of socialcontract in macro control law and the value of equality and freedom in macro controllaw. Using the concept of social contract to evaluate the macro control law caneffectively erase the mystery of macro control law, in order to establish a goodfoundation for the further development of macro control law and the law of macrocontrol.