执法成本分析视角下国家法与民间法的逻辑冲突与互动

The Logical Conflict and Interaction Between National Law and Folk Lawunder the Perspective of Law Enforcement Cost Analysis

人从本质上来说都是经济人,在进行各项社会活动过程中人们习惯于运用成本—效益分析方法进行成本核算,以期用最小的成本获得最大的收益。在法律执行过程中,国家法和民间法之间的冲突成了学术界关注的热点,本文以执法成本作为分析视角,将国家法和民间法进行对比分析并找出两者之间的逻辑冲突,进而从中找到两者良性互动的模式。

People are economic men in essence.In the process of various social activities,people are used to using costbenefit analysis method for cost accounting,in order to obtain the maximum benefit with the minimum cost.In the process of law enforcement,the conflict between national law and folk law has become the focus of academic attention.This paper takes the law enforcement cost as the perspective of analysis,makes a comparative analysis of national law and folk law and finds out the logical conflict between them,so as to find out the pattern of benign interaction between them.