法律实质效力论析

On the substantive effect of law

法律效力不应仅被理解为法律对其所规制的对象具有的基于强制压力下的约束力与保护力 ,更重要的是法律的实质效力。即法律为人们所认同并自觉遵守 ,它体现为主体将法律要求内化为自己自觉的守法行为。法律实质效力是衡量法律是否真正具有效力的标志。它的实现需要建立在良法和民众普遍的法律信仰基础之上。

The effect of law should not only be understood as the power of restriction and protection based on compulsory means to its subject. The more important thing is the substantive effect of law, i.e.,law should be accepted and obeyed by people conscientiously. People abiding by the requirements of law become the requirements of them and abide by law voluntarily. The substantive effect of law is the standard to judge if the law really has effect. The realization of the substantive effect of law should be based on the 'good law' and the universal belief in law.