Research on the Innovation Research of Chinese Law Economics
January 19, 2024 at 10:15 Source: "China Social Sciences" January 19, 2024 Issue 2819 Author: Zhou Linbin

Law Economics,The cross -cutting theory of modern economics and law,It aims to reveal the economic principle operating the legal system in a scientific method,and can be tested and derived from the operation and development of the legal system。2005,I wrote an article to discuss the change of the focus of Chinese law economics research,is from "foreign transformation abroad to domestic、Economic change to the law、Method to change to the discipline、The theoretical change to practice、Qualified directional transformation、Legal change to departmental law、The British and American Law Department will change to the mainland law system、Scholar to teaching transition "。That time,Chinese Law Economics Research Fang Fang Fang,Not yet deeply integrated with the Chinese local theory and practice system。After nearly 20 years of hard work,Chinese Law Economics has achieved abundant results in theoretical exploration and practical applications,It is necessary to re -evaluate and think about it。

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French Economics originated from the United States in the 1950s and 1960s,I was introduced into China in the early 1980s。囿 The gap between the theoretical system and practical experience,Research on Chinese Law Economics has been in a long period of time,Strive to introduce foreign legal economics works。In recent years,Researchers of Chinese Law Economics strive to discover "local resources",Study "original" legal economics with Chinese characteristics,If the land system and housing problem、Social transformation and social governance、Reform of the judicial system、Market regulation and economic development,The depth of historical development and the vertical and horizontal directions of inter -regional development,Economic logic and experience of exploring changes in the legal system,Create a group of effective research results。

but,Research on Chinese Law Economics should not live in a hoe,Innovative transformation from "China Research" to "World Research" should also be achieved。On the one hand,"Chinese experience" that should promote the development of legal economics to introduce and publicize outside the territory,Promote the in -depth exchanges and fusion of knowledge between different governments,Improve my country's influence in the international discipline system。On the other hand,The part of the theory of French economics and the framework in the framework as the key goal of research,Based on the basic theory of "Chinese society" and "China System" as the bet365 Play online games basis,Construction of legal economics independent knowledge system with Chinese characteristics。

 Second,"Legal Research" achievements excellent,Improve the practical efficiency of the inspection social system。

In the early stage of reform and opening up,China has achieved rapid economic growth on the basis of "weak rule of law",The "illusion" with lack of correlation between legal system and economic development。In recent years,With the reform entering the "Deep Water Area",The academic world gradually realizes that the development of China's economic development requires the construction of socialist rule of law as a guarantee。Therefore,Chinese Law Economics has shifted from "economic (phenomenon) research" to "legal (system) research",Research results cover the political system、Judicial System、Social governance and other aspects,Focus on the digital economy、Green Transformation、High -quality development and other problems,Fully reflects my country's economics、Features of the integration and development of law。At the same time,"China Law Economics Forum" and other conferences and universities、The Law Economics Research Center of Scientific Research Institute,Provide scholars with channels for academic exchanges,It has spawned a series of new breakthroughs of "legal research"。

But,During the Deep Deep Development of French Economics,Disciplinary barriers and "emphasis on economic light law" still exist。In the China Law Economics Forum in recent years,The proportion of economists who submitted papers and speeches is much higher than that of jurists,It may bring the disadvantages of one -level value。Legal research needs to inject "efficiency" elements,But you should also adhere to the bottom line of "justice"。A large number of complicated laws and economic problems in modern society,It can be successfully solved by the analysis of "cost -gain" analysis。Therefore,On the one hand, the degree of grasp of the basic theory of legal economics should be improved,Prevent "knowledge falling behind" causes discipline imbalances; on the other hand, it should be further strengthened to strengthen the integration and development of law and economics、Mutual Learning and Mutual Learning,、Not partial waste。

 third,"Disciplinary Research" results at the beginning,Help the innovative development of cutting -edge interdisciplinary disciplines。

China Law Economics Research Starts Late,In the early days, it was restrained by economics and law theory at the same time,to present or belong to economics research、or the characteristics of belonging to legal research。For more than ten years,Research on Chinese Law Economics has presented the integration of economics and legal knowledge systems,Cross -disciplinary trends and Bet365 app download characteristics of the unified theoretical framework。Interpretation of economics such as "Hai Rui theorem"、Institutional analysis of the mixed economic theoretical system、cross -study of behavioral economics and behavioral law economics,Law Economics is becoming independent of the discipline system of traditional economics and law,Become a new feature of the rule of law and economic construction in my country、New Trend、New problems to explain in -depth and creative interpretation,It is designed to find the cutting -edge discipline of the "Chinese Development Road"。

But at the same time,Due to history of history、Scholar structure、"External Undotement" of the Basic theory of Discipline,my country's legal economics also has efficiency and lightness、Re -explains and lightly decompose、heavy tables and light mechanisms and other problems。,On the one hand, we should strengthen the basic theoretical research of legal economics,Based on my country's social system and practical experience, build a legal economics knowledge system in China; on the other hand, we should pay attention to absorbing cutting -edge knowledge in the field of law and economics and beneficial combination,Optimized allocation of academic resources of law and economics。

  Fourth,"Practical Research" in full swing,Chinese solution to solve practical problems in pregnant students。

Due to the constraints of doctrine and stenosis of case collection channels,Traditional legal persons pay more attention to the "static method" in the study book,instead of the "dynamic method" in life。The development of legal economics has shifted from text to practice from text to practice,Start exploring the "practical rationality" hidden in the row of the referee documents。For more than ten years,Chinese French Economist with Rural Land Real Estate、Intellectual property protection、Contract performance and relief、Implementation mechanisms of the Criminal Law launched an empirical research,Posted some pioneering and feasible solutions,contributed to the formation and improvement of the socialist legal system with Chinese characteristics。

From the perspective of materialist dialectics,"Theoretical Research" and "Practical Research" of Chinese Law Economics There are opposite unified relationships,Join the wave -type forward and spiral rise of the discipline。This requires "practical research" while developing in depth,It should also pay attention to absorbing universal experience,The knowledge of the knowledge of "theoretical research" with "theoretical research"。On the one hand,Empirical research should go from the appearance in depth mechanism,While performing correlation analysis,Pay attention to the cause bet365 best casino games and effect reasoning of the variables and the cause of the variable。On the other hand,To integrate the scattered phenomenon,Sumulatory generality、Theory of universal characteristics,Promoting the innovative development of the basic theory of Chinese legal economics。

  Fifth,"Quantitative Research" is getting deeper and deeper,Promoting research results absorption and transformation results。

Introducing quantitative analysis methods for law economics,Breaking the path dependency of standardized analysis,Forming a screening sample、Select the indicator、Use quantitative tools、The "standardization" of the analysis results,It is clear、Vermitable features are natural science orientation,Information preferences that meet the legislators and decision makers。For more than ten years,The use of "quantitative research" methods in Chinese French economics is deeper and deeper,Analysis of crimes and sentencing in judicial practice、Damage and compensation、Diversity propositions such as infringement and punishment,and use linear regression、Logic regression、Double differential and other statistical tools realize the standardization and visualization of research。Since 2013,The implementation of the disclosure system of the referee and the establishment of the "Research on Chinese Law" and other journals inspired more and more young scholars to invest in quantitative research,Injects "Source Living Water" for the development of legal economics。

It should be noticed,Specification analysis is still the mainstream paradigm in the field of traditional law,And the "quantitative research" method itself also has limitations。On the one hand,The integration and development of "quantitative research" and traditional law should be promoted,A full interpretation of the statistical model reduces the "understanding threshold",Avoid misunderstandings and gaps caused by the barriers of knowledge。On the other hand,It should promote the "quantitative research" in the paradigm construction within legal economics,Standardized research methods、Verification process, etc.,This can not only ensure that scholars communicate "Same frequency",It can also effectively test and curb data fabrication、Data manipulation and other academic misconduct。

  Sixth,"Department of Department Law Research" is fully expanded,Law Economics wide field development。

From the historical context,Law Economics is introduced to China as a kind of philosophy of law,"Reasonable Economy" and "Maximizing Fortune" and other concepts have a profound impact on jurisprudence,Then it gradually extended to the specific departmental law。For more than ten bet365 best casino games years,my country's legal economics research breaks through the barriers in the field of jurisprudence,"Siege City" in the fields of various departments。Take the "21st China Law Economics Forum" in 2023 as an example,Participating papers include not only traditional corporate laws、Financial Law、Contract Law and other fields,It also includes data and information method、rule of law culture、Family Law、Labor Law、Environmental Law and other fields,The vertical and horizontal development of the wide field makes French economics truly a relatively independent、Perfect discipline。

but,The full -scale spread of departmental legal research has also caused the basic theoretical research of legal economics to some extent to be ignored。Innovative development of Chinese law economics,You need to master the balance in "Legal Studies" and "Department Law Studies"。On the one hand,The trend of the development of the times,Follow Data Law、Information Method、Practical problems in the fields of legal ethics,Promote the integration and development of legal economics and new legal fields。On the other hand,Promote the two -way interaction of "legal research" and "departmental law research",The universal experience in the study of departmental law has increased into the basic theory of legal economics,Construction of legal economics theory and practical paradigm with Chinese characteristics,Then guide practice,Research results in the sense of jurisprudence supplies the fields of various departments。

  Seventh,"Mainland Law Study" initial prototype,Traditionally blending of law economics and grammar。

Law Economics was the earliest in Britain and the United States,The basic theory and analysis framework also originated from the social system and governance structure of the British and American legal systems,This has caused Chinese legal economics research to be limited by theoretical and research paradigms from the beginning。For more than ten years,Chinese French economists are committed to deconstructing the basic theories and frameworks of law economics,Based on the unique social governance structure and text law mode of the mainland law,"China Paradigm" for exploring law economics research。Comparison of comparison,The law economics of Britain and the United States and the United States is a thinking tool for the judge when making Hengping's judgment,Therefore, we pay more attention to the economic analysis of the case; while Chinese scholars pay attention to analyzing the economic efficiency of legal norms,For example, analyze the specifications of agricultural real estate rights in the Rural Land Contracting Law,This is consistent with the tradition of the law of the law system in the mainland。

At the same time,It should bet365 live casino games also be noticed that the legislation of British and American law and mainland law in recent years、The integration of judicial development trend,The compilation of the British and American National Code (such as the Shang Code)、The general implementation of the national case guidance system of the mainland law department。Therefore,The theory and structure of Chinese legal economics in different regions produced a trend of fusion under the wave of globalization,Research and innovative development of Chinese legal economics should also absorb the beneficial results of different homes,Pay attention to the widening of the field of vision and the theoretical integration,instead of human -made barriers。

  Eighth,"Teaching Research" continues to improve,Construct a teaching system with Chinese characteristics。

Compared to academic research,The teaching research of law economics in my country starts late,Obviously lagging behind the former。For more than ten years,Chinese Law Economics Research and Teaching System has made great progress。In terms of book publishing,"Law Economics", "Economic Interpretation of Law", "Legal Economics: Chinese theory and Practice" and other textbooks and monographs to build the theoretical analysis framework of Chinese legal economics,Generally introducing the basic category of legal economics that conforms to China,Provides a template for my country's legal economics teaching。and "Research on the Legal Economics of Company Law", "Economic Analysis of Law Economic: Method Theory 20 Lectures", "Law Economics Paradigm" and other monographs are discussed from the dimension of departmental law or methodology.,Provided a relatively complete learning path for French economics trainees。In terms of talent training and curriculum,Except Zhejiang University, who started to cultivate legal economics in the early days of training legal economics,、Shandong University、Peking University、Outside of schools such as Sun Yat -sen University,More and more schools are under the first -level law (or economics) discipline of its law school (or School of Economics),Master's and doctoral awarding points for the direction of legal economics。other,Domestic colleges and universities and scientific research institutes generally carry out curriculum teaching work of legal economics,Course covers all stages of Benshuo,and actively open the same department of law、Bridge between economics courses,Creative development of promoting the research of law economics teaching。

Should be seen at the same time,Law Economics is a high threshold for teaching、Practice for strong cutting -edge disciplines。On the one hand,Study on the design of legal economics curriculum should be strengthened,Basic Bet365 app download theory of fusion economics and basic methods of higher mathematics,Lay the theoretical foundation for the teaching of French economics。On the other hand,Promoting teaching and practical combination,Strengthen case analysis、field survey、Data statistics and analytical quantitative research methods training and application,The distance from "theory on books" and "law in practice"。

In short,After decades of vigorous development of law economics,Already in the field of law and economics theory research,and the field of socioeconomic and legal practice,It shows increasingly powerful influence、vitality。Since the 1980s,Law Economics has aroused a theoretical paradigm revolution in my country's academic circles。For decades,The gradual development of Chinese law economics is gradually developed into a local experience and practice,It aims to explore the inherent connection and laws of law and economic development,Explore and improve the cutting -edge cross -disciplinary discipline of the social governance system,It has also become an important part of China's autonomous legal knowledge system and China's independent economics knowledge system。Under the historical position of socialism with Chinese characteristics in the new era,Chinese Law Economics is studying base points、Research mode、Research scope and other aspects need to get new breakthroughs,This depends on the researcher of Chinese law economics、Student and practitioners work together、Unremitting struggle。

 (The author is a professor at the School of Law of Sun Yat -sen University)

Editor in charge: Cui Bohan
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