法律实效衡量模式的辨析与构建

Analysis and Construction of Legal Efficacy Measurement Model

由于研究视角的差异以及对法的本质的不同理解,东西方法学家对法律实效作出过多种解释。考察我国制定法的实效时,应同时衡量法律是否被遵守、适用,未遵守法律的行为是否依法得到处理,以及法律实施后是否达到了立法目的,是否对社会相应领域产生了预期的影响。法律实效具有模糊性,但同时也具有可衡量性。义务性规范的实效衡量标准主要包括行为有效率、制裁有效率等,授权性规范的实效衡量标准应涵盖规范知晓率、请求率、胜诉率、执行率及权利自然实现率等。

Due to the difference of research perspective and different understanding of the essence of law,the eastern and western jurisprudence schools have made a variety of different interpretations of legal efficacy.When examining the legal efficacy of the statute law,we should also measure not only the legal effect of the law,that is,whether the law is complied with and applied and whether the behavior that fails to comply with the legal rules is dealt with according to law;but also the social effect of the law,that is,whether the law has achieved the legislative purpose after its implementation and whether it has had the expected impact on the corresponding areas of society.Legal efficacy is ambiguous,but it is also measurable.The effectiveness measurement criteria of obligatory norms mainly include the efficiency of behavior and the efficiency of sanctions,etc.,while the effectiveness measurement criteria of authorization norms should cover the awareness rate of norms,the request rate of norms,the success rate of lawsuits,the enforcement rate and the natural realization rate of rights.