潜规则与显规则：情与法的现实博弈

Potential Rules and Obvious Rules: Realistic Gaming of Human Relationship and Law

深植于中国传统人情社会中的潜规则往往在人们的社会生活中取代显规则而发挥重要的作用,但就诸多人情社会的潜规则对中国的法治建设来看,具有不小的消极影响.那么,在人情与法律的现实博弈中,通过利益机制的调节,增强法律的激励作用,探索潜规则中的积极因素的发挥和显规则的"潜规则化",以及采取必要的措施,促使人们法治意识和法治信仰的自觉,乃是在中国这个人情大国进行法治建设最具现实意义的根本要务.

Deeply rooted in the long tradition of human relationship in the Chinese society, potential rules often take the place of obvious ones and play an important role in social life. However, they have a negative impact upon the legal construction in our country. Therefore, in the realistic gaming between human relationship and law, it is of great significance to enhance the incentive function of law by the interaction of different interests, give full play to the positive sides of potential rules and potentialize the obvious ones, take necessary measures to help people to form the consciousness and belief of law.