立法价值效益优先论

On the priority of benefit in the legislative values

立法价值是指立法能够满足社会主体的需要和利益的属性 ,它本身是一种多重的体系。其本质及其意义都内在地表征了效益的价值目标。在我国现阶段的立法中 ,应把立法的效益价值放在优先的地位。立法效益价值的实质在于立法是一种稀缺的资源 ,它本身要耗费一定的成本并且以取得立法收益为目的。要实现立法的效益价值需要确立立法效益价值观。

Legislative value refers to the character that legislation can satisfy the needs and interests of social bodies, which is in itself a complicated system. Its nature and connotation demonstrate the value objectives of benefit in the inherent sense. In the current legislative process of China, the value of legislative benefit should be put in the position of priority. The essence of legislative benefit value lies in the fact that it is a scarce resource, and it requires a certain amount of cost with the goal of achieving legislative benefits. A realization of the legislative benefit calls for determination of value of the legislative benefits, for optimization of legislative resources arrangement, and for a consideration of the social acceptance about the legislation.