古往今来,无数睿智圣哲对法律到底从何而来,有多种解说。如神源论、圣贤论、强者论、国家意志论、契约论等等。随着社会的发展和人们认识能力的提升,现在绝对相信神源论和圣贤论的思想家已经罕见了,公开主张强者论的学者也已经不多了。现代社会中人们更多的是从意志论和契约论的角度解析法律。然而,细究起来,这两种妙论,背后隐含的价值取向是存在相当差距的。本文在详细研究了法律契约论历史发展的基础上,进一步提出和论证:在遵循与时俱进精神的前提下,以中国社会发展大势和不可逆转的法治进程为导向,以法律契约论代法律意志论乃是时代和历史的必然选择,法律契约论在当代具有重要的理论和实践意义。 Since ancient times, innumerable wisdom and sanctity come to the law in the end, there are a variety of commentary. Such as the source of theory, sage theory, power theory, national will theory, contract theory and so on. With the development of society and the improvement of people’s awareness, it is now absolutely rare to believe that the thinkers of the source and sages theories are rare, and that there are few scholars who openly claim that they are powerful. In modern society, more people analyze the law from the perspective of volition and contract. However, after careful study, there are quite a few gaps in the values ​​behind these two theories. Based on the detailed study of the historical development of the legal contract theory, this paper further puts forward and argues that under the premise of following the spirit of advancing with the times, taking the social development in China and the irreversible process of the rule of law as the orientation and the legal contract as the law Will theory is the inevitable choice of the times and history. The law contract theory has important theoretical and practical significance in the contemporary world.