Reflections On The Construction Of Incentive Legal System In China

For the role of law,the highest state is that,by means of legal norms,which possess mandatory force,to realize the goal of "Non-mandatory" legal incentives,and to adjust the behavior of people in society as a whole,and ultimately to achieve the state of social harmony and development.That is to say,the primary purpose of the law is to through an incentive mechanism,induce the parties to take the best action from the social point of view.The study of this incentive mechanism has formed a legal incentive theory with independent research path.A set of legal norms developed under its guidance is called an incentive law.From the perspective of legal function,according to the analysis of different attributes of incentive objects,legislators configure different incentive factors and methods reasonably,then appears three incentives:rights-obligations-responsibility,cost-income and spiritual incentives.Finally,the identified incentive objects and incentives patterns are fixed in the form of appropriate legal texts,and form a set of legal rules or a complete legal code designed to exert the incentive function.After years of legal construction and development,it is currently,China has formed a more complete incentive legal system,which covers the various sectors of the law and hot spots of society.In order to provide a critical reflection for our future incentive legal system,enrich the legal system to play the incentive function of the theoretical results,and guide the construction of incentive legal system,we should clarify the concept of incentive law,then the analysis will be presented in the text form,incentive objects,incentive models of incentive law.In the end,we should discover and research the deficiencies of incentive law recently in China.These above have important influence on theoretical and practical research.This is the main purpose of this article.This article is based on the legal theory,which legal system acts as an incentive role,absorb and draw on the relevant theory in economics,sociology,management and other subjects.Then analysis the three elements of incentive law from the perspective of theory and current legislation,with a view to summing up our experience and lessons in the construction of incentive legal system.The main content of this paper is divided into three parts.The basic framework is that:The first part is an overview of the incentive law.This part begins with distinguishing incentive law system from the whole legal system on the point of legal function.Followed by the relevant theory of economics and management,this paper expounds the research perspective of incentive as a behavior control model.On the basis of this,the concept of incentive is appropriately reduced.Negative incentives are excluded from this legal research,and then formed the definition of the concept of incentive law.After defining the concept,this section focuses on two characteristics of incentive law:contractuality,aimed at promoting a "moral of desire".The second part mainly introduces the three essential factors of incentive law.This part draws support from some theoretical results,which legal system acts as an incentive role,then the analysis will be presented in the text form,incentive objects,incentive models of incentive law.The fundamental purpose is that making a research on the mechanism of incentive law and the present situation of legislation in our country.The third part is the reflection of China's incentive legal system.According to the typed analysis above in the second part,on the basis of affirming the results of the construction of incentive legal system in our country.It also points out four harmful tendencies in the process of the construction of legal system:hollowing tendency of incentive law;homogeneity tendency;Misalignment tendency;Policy tendency.This section focuses on the concept and manifestation of these four tendencies.It aimed at reminding legislators to sum up the lessons learned from the process of conducting incentive legislation.Beware of the four tendencies,which has an impact on the social effects of the implementation and application of the legal system.At the same time we should avoid the legal system into practical difficulties.