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The Driving Force Of The Legal Changes To The Interests Of The Chain: From Violence Deterrence

Posted on:2009-03-04Degree:MasterType:Thesis
Country:ChinaCandidate:X S WuFull Text:PDF
GTID:2206360248952306Subject:Economic Law
Abstract/Summary:PDF Full Text Request
The marriage system best embodies the national customs. According to China's traditional concept , the establishment of marriage, which is, for the most part, an issue of private law, should abide by the "Six Rites". However, the Marriage Law of the PRC denies the traditional "ritual marriage" and sets the marriage registration as a prerequisite for its establishment.If we regard the drawing condition of marriage certificate as the success indicator of law implementation, China is quite successful in this aspect since marriage registration has been widely-accepted and has became a new concept.The key to the success of law implementation lies in the establishment of the interests chain instead of the violent deterrence mechanism.In addition to the violent deterrence, the implementation of a nation's legal system relies on the establishment of the interests chain. The violent deterrence is a kind of punishment mechanism. That is to say, when a person does not obey the law, s/he would pay the corresponding price. It should be acknowledged that while obeying the law would bring no returns, violation implies negative returns. Violent deterrence is a kind of external promotion system, which is not so effective. The motives for law-abiding is not adequate, so the government need to implement the mechanism at great cost.On the contrary, the interests chain is a kind of internal promotion mechanism. Due to the fact that law-abiding would bring them a lot of returns or potential returns, or the possibility of returns, so people will obey the law spontaneously and no external motive is needed. Such a mechanism is relatively more efficient because it no longer depends on the government's unilateral efforts. The more obvious the returns or the expectancy of returns is, the more motives people will have for law-abiding. Our government should spare no effort to encourage people to join in the interests chain.
Keywords/Search Tags:violent deterrence, the interests chain/the chain of interest, legal changes
PDF Full Text Request
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