演进性德治与建构性法治之间的型构关系——从制度经济学角度看以德治国与依法治国

Discussion of the Relationship between Governance through Improved Morality and Rule of Designed Law——Viewing Governing the Country with Law and Moral from the Angle of System Economics

新制度经济学将制度分为外在制度与内在制度。前者的刚性与建构性特点决定了它在以强力对社会行为的塑形方面作用显著,但一切皆施以强力未免矫枉过正。后者的演进性特点使得它可从内心对人们的行为作出规范,有利于降低社会成本,但缺乏有力的惩罚力度。二者的作用范围时有重合但各有所长,彼此无法替代,构成互补与合作的关系。这两种经济学眼中的调整手段运用于实践中则分别对应了依法治国与以德治国。

The article tries to think about governance through morality and rule of law from system economics and realizes that rule of law will create high cost exert where law can't take effect.And then the article reveals that governance through improved morality and rule of designed law can act on cooperation and promotion each other in the great course of developing market economy and democracy.