The Analysis Of Law And Economics On "Result Based Legislation"

Legislation focuses on quantity but neglects quality,pursues a particular result in a single direction and lacks the deduction of the whole effect,which often leads to the legislative purpose difficult to reach the legislator's expectation."Result based legislation" means that the legislators express the results they want to produce in the legal text directly under the condition of less argumentation,which is easy to achieve the legislative results in the form of words in a short time,but the law established in the long-term practice is difficult to achieve the expected effect."Result" is the final outcome of the development of things,and "effect" is the unknown consequence of some motivation.The "result based legislation" mistakenly equates the "static" legislative result with the "dynamic" legislative effect.The legislators are lazy in using the legislative technology to analyze and demonstrate the deep causal relationship between the purpose and effect.It is difficult for the law to effectively allocate social resources,resulting in the deviation between the good legislative purpose and the legal effect,and the "passive" failure of the law in operation.The reason why the "result based legislation" is hindered is that the legislation is based on the simplified judgment of linear causality,lack of consideration of the whole system,and the "purpose" itself is uncertain.The purpose of legislation belongs to pure legal issues,but the means to achieve the purpose can draw lessons from the increasingly mature economic principles and take law and economics as the starting point,which can bring methodological enlightenment for the legislative purpose to achieve the expected effect.Legislators can reduce legal evasion by optimizing the supply of legislation;Coase's law can inspire legislation to reduce transaction costs;in the state of game,individual rationality sometimes goes against collective rationality,so legislation should break the deadlock of game and promote collective rationality.We should guard against the biased thinking of "result based legislation",so as to avoid the two bad directions of legislative omnipotence and legislative nihilism.Inert legislation will reduce the quality of legislation,and bad law will make citizens have difficulties in following the law and disobeying the law.Law is one of the means to regulate social contradictions.Overemphasizing the regulatory role of law will not only make it difficult to solve social contradictions,but also squeeze morality and practice The living space of other social norms such as habits and policies.Based onthe analysis of the extension system of maternity leave for female employees,this paper summarizes the misunderstanding of "result based legislation",that is,the legislation pays attention to the quantity of legislation,pays less attention to the quality of legislation,pays more attention to the local results,and pays less attention to the overall effect.The thinking of law and economics can provide effective analysis tools for the rational regression expected by legislators.From "expression of results" to "pursuit of results",the legal market also conforms to the balance of supply and demand theorem,so legislation should prevent market failure;from "quantitative legislation" to "quality legislation",it is necessary to maximize the marginal utility of legislation,promote Pareto improvement through democratic legislation;pay attention to "pre legislative review" By analyzing the legality,necessity,coordination and operability of legislation,we can improve the foresight and inclusiveness of the law,and avoid the imbalance between the cost and benefit of legislation.