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An Empirical Study On The Phenomenon Of "Chinese - Style Crossing The Road"

Posted on:2015-12-22Degree:MasterType:Thesis
Country:ChinaCandidate:C ChenFull Text:PDF
GTID:2176330422473095Subject:Jurisprudence
Abstract/Summary:PDF Full Text Request
The phenomenon of red-light running has been widespread in everyday life.Since people on the Internet called this kind of behavior as “crossing the road inChinese-style”, it aroused public echoes and triggered a discussion on the quality ofthe population and the road safety by the media and public." Crossing the road inChinese-style " does not belong to the moral category of, it should be studied thesolutions within the legal category. In order to solve the "crossing the road in Chinese-style " issue, this paper selected several typical road intersections in Beijing to havesome field observations, made questionnaire survey for the pedestrian and haveresearch on the basis of the findings by using the theory of jurisprudence andlaw-economics.This paper summarized the results of the survey, found that “crossing the road inChinese-style” was universality, so far as broadly, clustering, arbitrary, illegality andrationality. Based on summing up the characteristics, this paper further analyzed thereasons for causing phenomena of “crossing the road in Chinese–style”. The reasonsare observing the law, weak law enforcement and miscarriages of justice. In addition,the perils of “crossing the road in Chinese–style” mainly reflected in three aspects:first, it is not helpful to foster the spirit of law-abiding; second, undermining legalauthority; the last, prejudicing the fairness of the law.Law-economics creatively introduced economic theory to the study of law,which become an independent interdisciplinary, and provided a unique researchperspective and methods for researching the phenomenon of “crossing the road inChinese–style”. This paper firstly elaborate rational choice theory system which isthe theoretical foundation of law-economics from the aspects of methodologicalindividualism, cost-benefit analysis, correlation analysis and relevance ofenvironmental. Second, this paper makes behavior individual as the subjects of thestudy, uses of rational choice theory analysis the phenomenon of “crossing the road inChinese-style" and draw conclusions. Because of the influence of the unreasonabledistribution of right-of-way, low cost of breaking of the law and bandwagon effect,the existence of the phenomenon of “crossing the road in Chinese-style" has certainrationality.Despite the existence of the phenomenon of “crossing the road in Chinese–style” is reasonable, but it does not mean that it has the legitimacy and legality.Therefore, we must apply the thought of rule of law and take measures inperfecting legislation, promoting to be law-abiding citizens and enforcing the lawstrictly to completely eliminating of this phenomenon.
Keywords/Search Tags:Crossing the road in Chinese–style, rational choice theory, the legalthinking
PDF Full Text Request
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