Economic Explanation Of Legal Change

Just like the Contemporary Chinese society within the historical reforming time, the system vicissitude - - law vicissitude in particular - - becomes the characteristic of the time. The country makes the massive new laws every year, will also carry on and accordingly revise the original law at the same time. Therefore, the research on the vicissitude of law is of great theoretical and practical significance.This research focuses on the legal vicissitude process, adopting the institution economic theories and game theory. The reason and condition of legal vicissitude, its value direction, the vicissitude ways, and the vicissitude efficiency have been analyzed comprehensively. The full text consists of three major parts.The first chapter is mainly about legal vicissitude value direction. It briefly discusses the intrinsic basis of legal vicissitude, as well as the reason and condition of legal vicissitude. The law is about the institutional arrangements which aim for increasing the cooperation's efficiency, settling cooperation process's conflict. The reason that the law has the vicissitude is partially because there appears the opportunity to gain new income, the original system actually limits the people to gain this kind of income, it becomes the cooperation and the transaction barrier; or it is because the conflict resulting from uneven shared-assignment to the income as well as the cost. It can be compared to"making the cake"and"a minute cake"the question. The legal vicissitude is realized in the process of pursuing the efficiency and fairness in"making the cake"and"a minute cake". In this part, the author takes the lateral economic ties vicissitude as a breakthrough point, has analyzed the actual content in which the system vicissitude's efficiency value contains; the thesis simultaneously has analyzed two different angles from which the fair value contains: Benefit assignment fair and burden assignment fair. In the different period of system movement, there must be different fair principles to match it, thus it can fairly realize the efficiency unification. Otherwise, it will depart fairness from the efficiency.The second chapter deals with the system condition of legal vicissitude. It discusses the concrete term and the condition of law vicissitude. The law is the social benefit adjuster. The reason that the law needs to have the vicissitude is because the social benefit assignment produced has been imbalanced. The reason that the law can have the vicissitude is because all the social quarters achieve the balanced result among themselves, by means of game theory. Because of the influence of the respective income cost and the gambling pattern, this kind of gambling balanced can not always be realized. The author has studied the reason legal imbalance of the vicissitude, by means of "Accepts Sends back System", and pointed out the condition which balanced gambling needs.The third chapter explores the direction choice of legal vicissitude. This part deals with the concrete ways of law vicissitude, and tackles sun question as"what is the most effective of the legal vicissitude? What factors determine the legal vicissitude's way?"The arbitrary selection of legal vicissitude's way is restrained by no means the dependence factor which forms in the history. Each kind of vicissitude pattern has the advantages respectively, and should be chosen according to our national condition. The national law vicissitude consists of two levels: the constitution vicissitude and the ordinary legal vicissitude. The constitution vicissitude has the constitutionalism vicissitude and the vicissitude of the constitution release. Each kind is determined by the different concrete national condition, China is not exceptional. In ordinary legal vicissitude, it may also be divided into the legislation alter mode, the judicial interpretation way, the legal conflict examination way, and so on. In order to optimize China's legal vicissitude way, we should adopt the synthesis systematization's vicissitude strategy, expanding the channel of the legal vicissitude.