欧美国家法律诚信之维:合理性、原初义与价值谱系

Dimensions of Integrity in European and American Laws:Justifiability,Original Meanings and Values

社会诚信体系的完善有赖于"法治中国"的实践,探究法律诚信之于社会诚信体系的推进意义必须尊重法治,以欧美国家为背景追寻其基本要义。法律保障公权力主体、市场主体及相互间的信用关系,效力与效果则源于国家、私人组织及个体恪守诚信合理性的证成,社会契约论、现代博弈论和委托代理理论构成了理论佐证的核心范畴。在"缘何如是"的基础上,权力与非权力主体才会尊重法律评判的权威,从自由裁量的原义出发,建构完备的诚信法律体系,失信的非道德评价便成为遵守法治所形成的习惯。由此,富含人文精神的法律诚信,以正义原则为价值指引,无疑会推动公民诚信自觉的形成,促进诚信社会的建设。

The perfection of social integrity system depends on the practice of ＂Chinese ruling of law＂,and to explore that the legal integrity can improve social integrity should respect the universal value of ruling of law and it is suggested to analyze its basic conceptions from the context of European and American countries.The subject of public power,the subject of market and their interactive credit relations can be protected by law,while the effect and actual result depend on the justifiability of integrity abided by the national and private organizations and individuals. The theory of social contract,modern game theory and principal- agent theory have constituted the core scope of this justifiability theory. Based on the proof of justifiability,the subject both with and without power will respect and honor the authority of legal judgments,and from the original meaning of discretion,the legal system on integrity can be established. Accordingly,the evaluation of immorality on dishonesty will become a habit of observation ruling of law. Therefore,the legal integrity composed of humanity will be under the value guidance of the principle of justice,and definitely the citizen＇s integrity will be formed willingly and a society of integrity will thus be formed and improved.