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法治理念早已深入人心,但法治是有成本的,如何降低法治成本,应该是法学研究的核心命题之一。可以预设,如果建立一种内在自觉的而非外部强制的“知法——守法”的机制,就可以大幅度降低法治成本。那么,有这种机制吗?本文从法律对人们行为选择的影响切入,论及法律的威慑机制、需求机制、公平机制和期望机制,为揭示法律与行为的内在关联提供一种新思路。
The concept of the rule of law has long been popular among the people, but the rule of law is costly. How to reduce the cost of rule of law should be one of the core propositions of law research. It can be presumed that the cost of rule of law can be drastically reduced if a “conscious-law-abiding” mechanism that is inherently conscious rather than externally imposed is established. So, is there such a mechanism? From the influence of law on the choice of people’s behavior, this article discusses the law’s deterrent mechanism, demand mechanism, fair mechanism and expectation mechanism, and provides a new idea for revealing the inherent connection between law and behavior.