The Legislative Logic of Legal Rules:Analysis,Proof,and Phase Transition
For a long time,research on legal rules in China's legal community has focused on the description of the constituent elements,forming a logical structure theory of legal rules dominated by the"two-element theory",that is,legal rules are composed of two parts:behavioral patterns and legal consequences.This theory,through a modular approach,can effectively describe the constituent elements of legal rules,thereby simplifying the understanding of legal rules.However,the determination of behavior patterns by legislators and their connection with legal consequences to construct legal rules reflects not only the evaluation of conflicts of interest but also their ideal of how to organize social order.Therefore,there is insufficient attention to the question of whether the thinking process of legislators constructing legal rules implies the general rules of evaluating interests.What decision-making rules do legislators follow when constructing legal rules?Is it legitimate?Will there be any changes?The reflection on fundamental issues such as legal rules is referred to as the proposition of"legislative logic of legal rules"in this article.With the continuous deepening of traditional legal studies towards scientific and refined direction driven by domestic and foreign research in law economics,it is feasible to construct the concise theory of extracting and interpreting the legislative logic of legal rules in a general sense.This article,with the help of the research results of the logical composition theory of legal rules,adopts the research 2perspective and methods of law economics and focuses on exploring the benefit evaluation rules contained in the activities of legislators to determine their behavior patterns.Firstly,at the micro level,it analyzes the characteristics and underlying principles of legislative activities in assigning obligations to affected parties.Secondly,it demonstrates why this principle can obtain unanimous consent from the affected parties.Finally,it verifies whether this principle has universal guiding significance for legislative activities at different social stages.Compared with existing literature,this article starts with the establishment of behavioral patterns,analyzes the basic logic that governs the thinking activities of legislators in constructing legal rules,and examines its legitimacy.After examining its"phase transition",it is found that the"Pareto efficiency"standard is the true logic that legislators follow in constructing legal rules,which distributes the burden of preventing accidents to the subjects with lower prevention costs in the group.In the long run,those who suffer losses can receive sufficient advance compensation due to equal opportunities,so that the change not only obtains the unanimous consent of the affected but also has the character of distributive justice,ultimately improving the overall social welfare.The theoretical extension of understanding legal rules as one of the core categories of law in this study is in the following aspects.Firstly,the underlying governing logic of the thinking activity of legislating to determine behavioral patterns and connecting them with legal consequences to construct legal rules follows the"Pareto efficiency"standard of interest transformation.Secondly,the"Two elements theory",as a logical structure theory of legal rules,is descriptive and flat,while the"Pareto efficiency",as a legislative logic theory of legal rules,is explanatory and three-dimensional.The progression from"description"to"explanation"and from"flat"to"three-dimensional"is the evolution of cognitive legal rules.Thirdly,with the continuous reduction of information acquisition costs driven by scientific and technological progress,the constituent elements of legal rules have undergone"phase transitions"in different historical periods.However,the decision-making logic of legislators establishing behavior patterns through interest evaluation always follows the"Pareto efficiency"standard.This logic always follows the principle of"responding to changes with the unchanging",dominating the pursuit of human institutional civilization.
万方数据
维普
