Dissertation
Dissertation > Political, legal > Legal > UNIVERSITY > China and France

Spirit of the Rule of Law Under the Contract

Author LiuFangBo
Tutor ChenJiaChang
School Chengdu University of Technology
Course The basic principles of Marxism
Keywords spirit of contract and legal system construction of modern societ
CLC D913
Type Master's thesis
Year 2011
Downloads 192
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Contract is the reaction of the spirit of the principle of contractual relationships and inner freedom, equality, the spirit of trustworthiness, attention to rules and a sense of respect for the rules. Contractual freedom, equality, mutual benefit, honesty and other characteristics of the market economy are urgently needed. Contract between the spirit and rule of law, the spirit is the foundation contract, the rule of law is the spirit of the social contract, an extension of political and economic fields and applications. Is the inherent unity between the two. Both the formation and establishment of the requirements of the rule of law in China, but also to promote the rule of law in China and realize the sense of foundation.The spirit of the rule of law in contract law is an important source of ideas, the spirit of equality from the contract, freedom is the soul of the rule of law. Spirit of Contract for the construction of social order and the rule of law provides a specific system model.Contract Spirit and the rule of law interact with each other, resulting in the modern sense of the rule of law and economic society, and constantly push society towards perfection. Contract is initiated by the spirit of an equal, yet law, and trustworthy and accepted norms of behavior for society, not only of modern industrial civilization and modern civilization, the foundation upon which business, but also the modern state system of government, there is the premise of democracy and law.Speeding up the rule of law, strengthen the spirit of the law of contract; strengthening government institutions and the judiciary contract staff awareness training to promote the spirit of the contract; establishing a sound social contract mechanism, safeguard social fairness and justice, and vigorously promote the spirit of contract, making the whole society masses of the people are proud of the integrity of the law, ashamed of the illegal breach of trust, making the spirit of contract in-depth bone marrow, as people, people with the essential elements of the government to get along. China’s legal community and the establishment of a market economy can be truly realized.The first chapter is the introduction, the article highlights the research background and significance of the situation at home and abroad. The innovation proposed by this paper that the spirit of modern contract law and civilization, the cornerstone of modern commercial civilization. Society, all parties must respect the contract to the spirit. The second chapter describes the spirit of contract formation, development and content. Describes the spirit of contract formation and development process and the main representatives of the main ideas, and thus put forward the spirit of modern contract in contemporary society the meaning and significance.The third chapter focuses on the spirit of contract and related problems. Spirit and rule of law, contract, contract constitutes the spirit of the rule of law the cornerstone of the modern, and embodied in the country, all aspects of social life. The spirit of the rule of law and the contract between the two complement each other, the spirit of laws and regulations is an entity of the contract, the contract spirit is the spirit of the rule of law. Spiritual and social rules of contract, contract spiritual essence is a respect for the rules and regulations of the sense of importance, only to become a behavior in accordance with customary rules of modern society can be a real rule of law and market economy and society. In the community were strictly observed in all of the main contract to act in accordance with the spirit of contract, the transaction costs of the whole community can be reduced, in the interest of social development and progress.Chapter IV focuses on the present stage, even though China has established a socialist legal system with Chinese characteristics, but because of late development of China’s market economy, but also a comprehensive social system, loopholes in laws and regulations are also the rule of law is still China’s construction long way to go. Only by strengthening the spirit of the contract to develop and strengthen in order to achieve China’s development and improvement of the rule of law and proposes ways to strengthen and foster the spirit of contract.Chapter V under the contract at this stage the spirit of community in all areas of deficiency have to focus on building the rule of law, strengthen the government and judiciary staff, establish and improve mechanisms for the social contract and how to foster community spirit and other aspects of contract construction advice and measures.

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