论守法的逻辑——基于法经济学分析范式

On the Logic of Law-Abiding——An Analytical Paradigm of Law and Economics

守法是法治运行过程中的重要环节,探究守法的内在逻辑具有重要意义。以经济学的"成本—收益"为基本分析技术,可发现左右人们守法与否的根本原因在于对守法成本与违法成本的考量。在此认识框架下,以2002年施行的《城市房屋拆迁管理条例》为例进行实证分析,探寻化解城市房屋拆迁过程中被拆迁人频频"抗法"尴尬境遇的可行性路径。

Law- abiding is an important part in rule of law, thus exploration of internal logic of law- abiding is of great significance. By adopting the law and economics analytical paradigm and with ＂cost - benefit＂ as the basic analysis technique, this paper argues that what determines law - abiding is the tradeoff between the costs of obeying and disobeying the law. Within that framework, the paper is also engaged in preliminary empirical analysis with the Urban Housing Demolition and Relocation Management Regulations adopted in 2002 as an example, striving to explore a feasible approach for relocation households who are frequently seen to be trapped in the dilemma of ＂violation of laws＂ in urban housing demolition and relocation.