卢梭式人民政治及其内在结构

尽管卢梭政法理论中的人民议题逐渐开始复兴，但既有研究却存在诸多缺陷和误解，尤其是对人民与政府之间的关系缺乏深入探讨。在此背景下，本文从人民共同体的创生入手讨论人民如何成为一个整体，人民的可见性何以成为难题。进而分析政府在根本上是一种自我限定的法权结构，选举贵族制作为一种法治政府的意义，以及最高执政官在执行法律时的决定性作用。总之，人民既是生生不息的永恒意志，又是以法律方式所确定的集体行动方式。真正让人民长存不灭的并不是人民的肉身，而是人民在法律上的展现形式。

Rousseauian Politics of People and its Internal Structure

Although the issue of people in Rousseau''s political and legal theory has gradually begun to revive, there are many flaws and misunderstandings in the existing research, especially the lack of in-depth discussion on the relationship between the people and the government. In this context, this article starts with the creation of the people''s community to discuss how the people become a whole and why the visibility of the people becomes a problem. Furthermore, it holds that the government is fundamentally a self-limited legal structure, and reveals the significance of electing aristocracy as a government under the rule of law, and the decisive role of the supreme magistrate in implementing the law. In short, the people are not only a general will, but also a collective action pattern determined by the law. It is not the body of the people that really keeps the people alive, but the way they are displayed in the law.