The Optimal Framework Of Social Order Governance

It is important to coordinate social order of constructing harmonious society, which fulfilled from the law and the moral. The law and economics that uses the principle of economics study the overlapping edge discipline of the phenomenon of law, this dissertation exerts the methods of the economics of law to analyze and explain the relations between the law and the morals maintaining social order, to construct the harmonious social order, which helps us understand thoroughly and deal with correctly relations of social order by the law and the moral which has some instructive significance. This dissertation, for social sciences question, firstly exerts Marx historical materialism, and secondly exerts the method of the economics. When it cone to analyzes the social order from the macroscopic views, we need exert the human's essence ---the integration of the rationality and the non-rational, to analyze human's social activity influencing to the social order, establishing the model through the economics supposition, by which analyze the law and the morals maintaining the social order function, as well as the most superior skeleton of the social order governed through the law and the morals, to construct humanity's harmonious social order. I try to achieve the unification of logic and the history in the entire analysis process. Because the human is the entity of the rationality and the non-rationality, therefore governing in the social order, the law and the morals are basic essential factors, which work different function in society different development phase. The social order maintain mainly through the law in society's transforming time, in addition to the moral construction is also extremely essential in order to improve the social order as soon as possible, for the morals that are the effective operation foundation of the law may reduce the cost and the time of social transforming. During the steady society and economy development, although both rule by law and rule by morals may achieve the same level effectiveness of the social welfare, but the cost running the law is higher than the morals,"rule by law"is obviously inferior choice, governing the social order method should exert"rule by morality". Social order governance way is close to people values; we must change people's thought and the values when we construct harmonious development society today.