Legal Thinking, High Salary

In this article, the author carries out a systematic analysis and argumentation of "high salary for clean government" , draw the conclusion that appropriate high salary for officials do good to the probity and cleanness of government. High salary will lead to the decrease of total corruption deals, promote automatically optimization of government officials "structure and organization. Jurisprudence and. law history study path, argumentation ,reasoning and comparison method are used in this paper, the function and limitation of high salary system are discussed, the basis implementation requirements and other related institutions for high salary institution are also studied in detail.In this paper, the author gives three fundamental reasons of corruption; (1) the scarcity of power resource; (2) the selfish of humanism; (3) the operation of public power is executed by man, which easily lead to power aberrance.The history and current situation of high salary institution in clean government construction are discussed, from it we can extract some successful and failing causations, which may be good references for our current society. How to design "high salary institution for a clean government" institution under our current text, the author also gives his own opinion.After the reading and survey of historic facts, and the introduction of foreign experience,this article mainly focuses on the theory explanation of "high salary for clean government" institution in detail. The author points out the self-ish attribute of humanity, and its implied important meaning . On the basis of human demand level theory, he points out the marginal utilization of " high salary in clean government" , it demonstrates that we should follow a gradually institutional innovation path , to determine the optimal balance point of high salary institution to exert its effects . Further, this article use law economics path, successfully set up several mathematical economic model to analysis anti - corrup-tion law system, which "high salary for clean government" system is included : (1)" Corruption cost = Preparation Cost + Opportunity cost + Punitive Cost; (2)" Preparation Cost = Power acquired cost x Punish probability " ; ( 3 ) " Punitive cost = Punitive scale x Punish probability ". Under these formulas, we can obviously find high salary system do increase corruption cost, especially preparation cost and punitive cost, give the other variants unchanged, it leads to the decrease of general amount of corruption. So high salary system do good to the formation of a clean politics, as to those potential corruption group, they may give up corruption deal as their requirement has been satisfied. At the same time, because of the increase of corruption cost, as the selfish humanism attribution, those officials who implement pubic power will carry on rational choice, and a-bandon corruption attempt.This article carries out a rational and sober analysis on the limitation of " High Salary for Clean Government" institution. As high salary institution does not effect the scarcity and dissimilation of power, it cannot fundamentally inhibit selfish nature of humanism, but it is a negotiation or compromise with selfish nature , so it is not a heal - all prescription in anti - corruption field, it has its own limitation. First, it cannot function independently, it is only an act in anti - corruption battle, eventually it depends on legal system construction; The second, high salary system can increase the amount and extent of corruption deal, but as to those greedy people, it may have no effect.Now we should focus on how to eliminate inherent elements of corruption in anti - corruption field. But as I have pointed out, we cannot eliminate those three inherent elements in foreseeable historic period, maybe now we ought to be more realistic, attempt to reduce corruption to an acceptable degree. The mechanism design and implementation of "high salary for clean government", just work under the following background and cognition. The institution may need cost, endure resistance and affliction, but it is necessary. "High salary for clean government" institution should exert its own effects in anti - corruption battle of China, and also will have a promising future!...