Research On Legal Incentive Mechanism

As one of the important functions of the law,the incentive function in the law is more appear as a recessive function,can not fully reflect the value of the incentive function of law through legal norms can be set to realize the function of value,perfecting the legal incentive mechanism,from metaphysical angle,the need for legal incentive mechanism construction of concept update;from the angle of system defects to solve practical problems is the key point to.As the mapping of concept renewal and the necessary link of system design,legislation plays a key role in solving the lack of legal incentive mechanism.Therefore,this paper aimed at the lack of incentive mechanism of China's legal and practical difficulties,with the related theory of management as the theoretical basis,combined with the classical model of economic analysis,reference psychology theory emerging,changing the direction of the incentive function of interpretation from the perspective of law,try to put forward the legislation design of the incentive mode of legal system,in order to improve our country's legal the incentive mechanism.This paper focuses on the improvement of the legal incentive mechanism from five levels to the progressive discussion.The first part is to clarify the basic theory and content of this subject includes the legal incentive mechanism of the research background,significance and the research methods;the second part is the legal incentive theory to clarify the definition of related concepts,its main role is the legal incentive problem,for the related theory and the legal incentive mechanism incentive relates to the to clarify,the research contents are the designated category.The theory of multidimensional research is conducive to more comprehensive and detailed discussion.Therefore,this paper uses historical research perspective to comb the history of China's legal incentive theory and the development of foreign legal incentive theory.Research on the development status of parallel national theory value is to provide a theoretical basis for the following third parts;the main content of this paper is the present situation of the theory of incentive theory of law of our country,describe the situation and legal incentive system in China's current legal texts,using the method of empirical research we can clearly see the existence of the incentive function in me China's legal system has the problem of dispersed distribution,the contents of a single template,serious,need to analyze the specific reasons,and put forward the feasible countermeasures;the fourth part is the lack of incentive mechanism of China's legal analysis more specific,which will lay a foundation for the next part of the way to perfect.It specifically describes the concrete manifestation of the lack of legal incentive mechanism in China,and analyzes the specific reasons for these deficiencies.The last part of this article is the most important part of the article,aiming to explore the specific path to improve our legal incentive mechanism.The legal system has the incentive function of the legal system is distributed only in China,the establishment of legal incentive system,to put forward the system of template has the function of paradigm,so this chapter starts from the establishment of legal philosophy,the legislative principle of the macro perspective of detailed discussion,from the micro perspective after showing several specific the elements of establishment of legal incentive system: incentive goal,incentive target,incentive factors and incentive mode.This microcosmic specific description provides an effective reference for the practical establishment of the system of legal incentive system in practice.value,improve the method of the incentive mechanism,from the viewpoint of metaphysics,to upgrade law incentive mechanism construction idea;From the perspective of the physical,it is the key to solve the problems pointed out in practice.As the mapping of the concept renewal and the necessary link of the system design,legislation plays a key role in the absence of the incentive mechanism of the solution.Therefore,this article in view of the lack of incentive mechanism of our country law and practical difficulties,combined with a more classic economic analysis method,reference the meteoric rise of psychological theory,interpret incentive idea of a change of direction in the perspective of law,attempt to propose the establishment of legal system of incentive mode,consummates our country law incentive mechanism.