守法风险与守法信任

Hazard in Observance of the Law and Law-based Trust

法治是一种合作性事业,守法是一种合作性社会关系的展开。守法信任来自法律关系主体一方对另一方服从法律的预期,当不存在这种预期时,守法合作便存在风险。守法信任是一种能够在陌生人之间建立的计算型信任,必须通过政府严格服从法律,才能够形成。在当代中国走向法治的进程中,传统伦理关系和法律关系易发生混淆,从而破坏政府守法形象,从而导致公民守法出现风险。因此,全民守法的实现需要政府严格依法办事,在社会的监督之下,实现政府的透明、诚实和责任。

Rule of law is a cooperative enterprise. Observance of the law is a cooperative social relation. Trusting other people observe the law is anticipation in subjects each other of legal rela- tions. Where there has no anticipation, there has hazard in cooperation of law. Law-based trust be- tween people is a calculus-based trust in strangers; it can be built by a government whom strict observe the law. During the course of development rule of law in China, the traditional ethic relation and the legal relation may be easily confusable in governmental official action and destroy the law image of government, and cause the hazard in observance of the Law to citizens. So only government keep the law, all people observe the law. Government should be supervised by society and carry out clarity, honesty and responsibility.