守法成本及其控制

On Law-abiding Cost and Its Control

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。

Compliance with the law is the first phase of law enforcement, and the law-abiding degree has important expositive sense to state＇s legislation and law enforcement. The cost paid in observing the law decides the behavior choice whether an individual or organization would abide by the law. When compliance with the law is regarded as a legal obligation and legal action as viewed from the cost, according to the principle of equality of obligation and right, there is corresponding state obligation. In process of legislation, relevant system design and organizing law enforcement, it should be concerned about the ＂inverse proportion relation＂ between compliance with the law and law-abiding cost, promote China＇s legal system development by decreasing the law-abiding cost and impulse the process of the rule of law.