制度与契约的关系研究

制度和契约是两个难以分清的概念。长期以来,人们认为制度就是契约,契约就是制度。实际上契约与制度既有着紧密联系,又有着重大区别。法学和制度经济学对于制度和契约关系的理解是分别从不同的侧面进行的,都是不全面的。作者从契约与制度的基本概念入手,通过对二者关系的深入考察,得出制度是契约的核心内容、是契约的外在表现这一结论。

Research on the Relation between Institution and Contract

Institution and contract are the two concepts difficult to distinguish clearly. For a long time, people presume that institution is just the same as contract and contract is institution. In fact, there are both close connection and significant difference between institution and contract. The law and the institutional economics understand the relation between institution and contract respectively from different perspectives, which are both one-sided. Starting from the basic concepts of contract and institution, through the deep research on the relation between the two, the author draws the conclusion that institution is both the core content and the external performance of contract.