论后果模式与法律遵循——基于法经济分析的视角（On consequence model and legal compliance -- from the perspective of legal economic analysis）.doc

论后果模式与法律遵循——基于法经济分析的视角（On consequence model and legal compliance -- from the perspective of legal economic analysis） On consequence model and legal compliance -- one based on the analysis of legal economy horn Abstract: the consequence model of legal rule changes the cost income structure of economic man directly, and makes the economic man not violate The profit of law is not damaged by obeying the law, thus encouraging the economic man to follow the choice of the law. But in practice In consequence, the setting up of the consequence model and the obstacles of realization can not change the cost income structure of the economic man effectively, Therefore, it is possible for economic people to make rational choices that do not follow the law. Keywords: consequence model, law compliance, cost, income The premise of the function of law is the existence of established rules, which are determined by behavior patterns and consequences models Two parts. Behavior patterns are paradigms that provide standards or guidelines for how the subject acts, and it identifies the subject The right or duty; the consequence model is the attitude expressed by the behavior of the subject and the behavior pattern. In the rule of law, behavior patterns define the boundaries of human behavior. It clearly defines what can be done and why What can not be done and what must be done; and the consequence model plays a considerable role in safeguarding the observance of the norms of conduct Important role, by directly changing peoples behavior, interest structure and behavior cost composition, and guide people to take the initiative Follow the law. The consequence model has negative consequences and affirmative consequences. Negative consequences are violations of the law A liability assumed by a law firm. The setting of negative consequence increases the illegal cost of the actor, So that the total cost of illegal behavior is greater than illegal gains, so that the perpetrator does not profit fr