法与习惯冲突的效益分析

习惯与法的冲突由来已久,集中的表现是人们对法律的规避。冲突产生的原因通过效益分析的方法显而易见,规避法律是因为习惯在经济效益、伦理效益和交易安全等方面优于法律。冲突和规避只能通过完善立法和司法,并最终通过发展市场经济来解决。

The Benefit analysis of the Conflict between Law and Habit

The conflict between habit and law has been drove from for a long time , its concentrated representation is people's elusion from the law. The reason of the conflict coming into being can tell its own tale by means of benefit analyzing, elusion from the law is because that the habit outgoing the law in the aspect of economy benefit, ethic benefit and trade security. The conflict and the elusion could be resolved by the consummating of the legislation and the justice, and finally, by developing the market economy.