论文部分内容阅读
守法是法律实施的首要环节,守法程度对国家立法与法律实施有着重要的说明意义。守法行为中的成本支出决定着组织和个人在是否守法问题上的行为选择。从成本支出的视角看,如果把守法看作一项法律义务和法律行为,根据权利义务平等的原则,其中存在着相应的国家义务。立法和相关的制度设计、乃至组织执法过程中,应当充分关注守法与守法成本之间的“反比例关系”,通过降低守法成本促进我国的法制建设,推动法治进程。
Abiding by the law is the first step in the implementation of the law. The extent of abiding by the law has an important explanatory meaning for the national legislation and the implementation of the law. The cost of compliance with law-abiding behavior determines the choice of behavior of the organization and the individual on whether or not to abide by the law. From the perspective of cost-expenditure, if law-abiding is regarded as a legal obligation and a legal act, according to the principle of equality of rights and obligations, there exists a corresponding state obligation. Legislation and related system design, and even the process of organizing law enforcement, should pay full attention to the “inverse proportionality” between law-abiding and law-abiding costs, promote the legal construction of our country and promote the process of rule of law through lowering the law-abiding costs.