法律的本质是法学研究中一个基本问题。在我国长期以来把“阶级意志论”作为法律的本质,今天,有必要对法律的本质进行反思。本文从社会契约论出发,提出了法律总是来自最大多数人民的意志,在调整相互利益关系,约束自己的过程中形成的规则。法律制定以后,如果有人违反了法律,那么实际上是违反了自己对约定的承诺,要他承担违约的责任也就是理所当然的了,所以这种制裁也不是别人强加给违法者的。立法者也一样要遵守法律,也不能违反自己所承诺的约定,否则也要受到法律的制裁。 The essence of law is a basic problem in legal research. In our country, since “class will theory” has long been regarded as the essence of law, it is necessary to reflect on the essence of law today. Starting from the social contract theory, this paper puts forward the rule that the law always comes from the will of the greatest majority of the people and adjusts the mutual interest relations and restrain oneself. After the law was enacted, if someone violated the law, it actually violated its own promise to the agreement. It was only for granted that he assumed the responsibility for breach of contract. Therefore, such sanctions were not imposed upon criminals by others. Legislators, too, must abide by the law and not violate their promises, or they will be subject to legal sanctions.