A Study On Mode Of Incentives Of The Realization Of Citizens’ Legal Obligation

Compared to the research on the legal rights, Academia pays less attention to thelegal obligation. The study on the realization of the legal obligation is scarce. Existingdiscussions choose the mode of force to analyze the realization of the legal obligation.But this article chooses the angle of motivation to analyze the realization of the legalobligation. Attention to the mode of incentives meets the nature of legal obligation,which contains the characteristics of voluntary. Compared with mode of force, modeof incentives has its unique superiority, thus it is more likely to be recognized andaccepted. This article is divided into three parts:The first part is about the general description of the implementation process oflegal obligation and rethinks this description. The article uses a large number ofwords to describe the realization process of legal obligation. This description alsoreflects the academia’s normalization approach on this issue. At the same time, thearticle uses a large number of words to describe the realization process of legalobligation from the perspective of inside and outside to present the background of therealization environment. Through the analysis of those two aspects shows the overallappearance of the implementation process. On the basis of rethinking this normalizedresearch, this article points out that the normalized research use theex post perspective which adhere to the core of force.And then we should seek anadvance angle of view to enrich the discussion of this problem.The second part mainly analyzes the operation of the mode of incentives in therealization process of legal obligation, which was based on the expectation, demandand fair. At the macro level, this article puts forward that the operation of the mode ofincentives need the bilateral interaction of both sides and the positive interaction ofnational motivation and private motivation. Secondly, the author analyses thesuperiority of the mode of incentives compared with the mode of force. At theend,this article compares the legal norms of maintenance obligation in China withSingapore, Japan, South Korea and connect the mode of incentives with the maintenance obligation. Then we should change our ideas, abandon pure moraltorture, absorb foreign legislative experience, impel the motivation model toparticipate the process of implementation of the maintenance obligation.The third part puts forward several problems that should be noticed inconstructing the mode of incentives. Mainly includes appropriateness of motivation,the starting point and how to determine the incentive goals. At the end, the authorpoints out that the study of motivation should pay special attention to judicial processand motivation. Only pay attention to these points, we can construct a good mode ofincentives for the realization of legal obligation.