An Economical Analysis On Evasion Of Law

The concept of evasion of law originating from the field of private international law has been transferred into the field of domestic law, and much significant researche has been made on it. The evasion of law, which is resulted from the inevitable conflicts between norms of law, norms of law and norms of social behaviors, is also a prevailing phenomenon in our country. The interacting conflicts satisfy the law agent's demand of evading the law and thus lead to the potential act of evading laws. There are essentially differences between the evasion of domestic law and the private international law. The law agent's motivations to evade law are boundless. They can be realized either by choosing law norms or taking the non-law norms to evade those laws originally applicable. However, the norm's selection must be in the realm of lex causae confined by conflicting norms. That means the law agent in the private international law cannot choose law norms to evade the laws applicable originally at his will. He has to choose the laws in his advantage by changing the point of contact and cannot tranpass the boundary of lex causae.Explanation of the prevailing evasion of domestic law can attribute to law conscious, traditional law culture and provincialism, etc. There is something in this explanation, but it is a far cry to account for the variety of individual cases of evasion. This thesis attempts to account for evading behaviors from the economical point of view with the relevant theories and approaches and hopefully to arrive at a more convincing explanation. The law agent's primary motivation to evade the law is driven by the character of law economical man.. A law economical man is the one who acts along the principle of interest maximum. It shows that the law agent is tend to choose the strategy among variety of alternatives, which can bring him the greatest interest, including the material maximum and the spiritual maximum. The law agent's aim of evading laws is mainly based on the consideration of maximum. Their original drive is aimed at to his interest maximum. Subjectively, the character of law economical man explain the drive of evading laws. Whereas, the non-walrasian equilibrim objectively tempts the law agent's evading acts. The non-walrasian equilibrim in essence is a dynamic equilibrium, including the equilibrium and non-equilibrium. The former is of relativity, while, the latter is of absolution. The existence of non-equilibrium is generated from the property of demand and supply. As public products,the laws are arbitralry moloply supply by the state. Nevertheless, out of the free-rider problem, public products offered by private lead to the low efficiency of supply. The low efficiency can be dismissed if the state provided public products. Yet, state is not an abstract concept. The supply of law products must rely on the specific organs of authority, administrative organsand their angents which locate at different levels. While offering law products, because of collectivism and pricipal-agent these orgens and their agents tend to the internalization of supplier's utility, and thus likely neglect the flexibility of the demand of the law agent, which can consequently result in the oversupply of laws. The supplier's capability is bounded by legislative technique -. cost of legislation the power of culture and other factors. This decides legislature limited capability to supply under a given time and place. However, the law agent's demand of law products is of variety and parallels the changes of economical development, social progress and the awareness of subjective conscious. The capability of the legislators can never go hand in hand with the social progress and exhaust all kinds of behaviors that should be abided by laws. The underdevelopment of law is a challenge confronted before every country, though legislation is characteristic of pre-envision. The oversupplication resulted from the internalization of supplier's utility and backwardness of legislation because of the limitation of the capabilit...