论守法的成本与效益

实施依法治国的基本方略、建设法治国家,可以有多种具体设计供选择.其中,判断法治水平的重要标志在于制定法的被遵守和实现,这也是立法的目的和落脚点.如果制定法不能使守法主体从中受益,那么立法以后人们就不会按照法的指引行事,法律就要被架空.所以,守法的成本和效益问题是守法主体能否从根本上自觉接受法的指引的内在动力.当守法的法定效益和边际效益之和大于守法的综合成本时,人们便在行为选择上产生适法偏好,制定法就会得到尊重和实现;当守法成本大于守法效益,即守法无效率或者呈负效益时,人们在行为上就表现出逆则倾向.保证守法的正效益,不仅需要在立法之时自觉设计,适应构建和谐社会的需要多做授权性立法,更要在执法和司法环节时刻做好守法的成本和效益之间的衡平,既确保静态的制定法规范中的守法效益大于成本,还要在法的遵守与实现的动态过程中确保守法行为不致于出现负效益.

On the Costs and Benefits of Abiding by the Law

To carry out the fundamental plan of running state affairs according to law and build up a country under the rule of law, maybe there are many concrete devises to be opted. But, whether the people abide by the law in fact is a significant judgement of the level of the rule by law. When the law comes into being, however the people couldn't get benefits from it, the law maybe faces a fate of being built on stilts. So the benefits and costs are the internal motive powers in guiding people to abide by the law. When the statutory and boundary benefits are bigger than the comprhensive costs, people observe the law and the law on the papers change into the law in the society; if the benefits are less than the costs and the law becomes a negative thing for the people, the man don't shows tendency in behavior decisions. To ensure the people abide by the law, we should consciously authorize people more and more rights in the lawmaking. That's also the needs of structuring a harmony society. Besides, the administration and judicature should adjust the costs and the benefits in the course of people's observing the law.