美国制度文明研究

文章从社会理念、制度设计和社会现状三个方面对美国的制度文明进行了研究。作者认为，形成美国制度的理念有人本主义、天赋人权主权在民、人本理性假设；实现美国制度理念的方式有以社会契约理论为基础的国家权力委托代理制度、以人在法律规范内追求利益最大化为假设的权力分设与制衡制度、以卢梭天赋人权主权在民为基础的通过宪法法律保障公民基本权利的制度。文章对美国社会现状中的法律陪审团制度、总统与州长关系、民主与平民政治、自由与市场经济、法律宗教与社会诚信等五个方面进行了研究；并对美国现代制度文明带来的多数人暴政、社会效率低下、人性淡漠等问题进行了简述。

On System Culture of the United States of America

The system culture of the U.S.A is discussed in three aspects from social opinion, system design to social actuality. In the writer's opinion, opinions, as well as, theories that develop into American system, include humanism, natural human right, citizen dominion and the assumption of man's nous trend; approaches that realize the system include state power agency system based on theory of social contract, power division and balancing system based on the assumption that man is in pursuit of the ultimate benefit within the permission of law, and based on Rousseau's innate human right that citizen's basic right is to be protected by constitution and law. In this paper, five aspects, including jury system, relation between president and governor, democracy and civilian politics, freedom and market economy, law and religion and social credit, are studied, along with tentative discussion of tyranny, low social efficiency and indifference between men that are brought by modern system culture of the U.S.A.