政府帮助民工讨要工资的法经济学分析

Analysis of the Help the Government Offers in Requiring Wage Payment for Farmer-turned Workers From Law and Economics Angle

以法经济学的分析方法,阐释民工讨薪面临的问题与困境:诉累的客观存在、集体行动的困境、搭便车与巨大的交易成本导致民工自发讨薪的激励不足与高昂的司法成本,这在一定程度上导致社会的动荡;分析了政府帮民工讨薪的合理性:政府的讨薪反映了私权的不足与公权的救济,具有规模经济与公共产品的特征,是效率与公平的有机结合,也是对劳动力市场失灵的规制;最后,从立法、行政、司法和普法方面探讨了民工工资及时支付的长效机制建设。

By law and economics way, the paper expounds the problems and troubles that farmerturned workers face with when they ask for their wage： litigation exhaustion plight of collective action, free-hide and great transaction cost, all these problems lead to the shortness of the spontaneous claim for wage and high judicatory costs, which may cause social turbulence to some extent. It also analyzes the rationality of the government＇s help to farmer-turned workers in requiring wage, which reflects the insufficiency of the personal rights and the remediation sof the public power,with the characteristic of scale economy and public goods, is an organic combination of efficiency and justice, and is a regulation of the disorder of labor market as well. Finally, it probes into the long-term mechanism construction to ensure timely disburse the wage to farmer-turned workers from legislation,administration,justice and law popularization angles.