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“效率至上论”的实质就是法律的制定与实施应以追求社会财富最大化即效率为目的,效率可以替代正义、权利成为法律的基石。文章认为“效率至上论”与法经济学的两大理论基石——理性人假说和科斯定理是相矛盾的,理性人假说和科斯定理都要求建立公平的规则,只有实现了规则公平,才能带来经济的高效率。我们必须树立“规则公平至上,效率自在其中”的信念。
The essence of “supremacy of efficiency” is that the formulation and implementation of law should aim at pursuing the maximization of social wealth, that is, efficiency can replace justice and rights become the cornerstone of the law. The article holds that “the theory of efficiency is the highest” and the two theoretical cornerstones of law and economics - rational person hypothesis and Coase Theorem are contradictory. The rational person hypothesis and Coase Theorem all require to establish fair rules. Only when the rules are fair, In order to bring economic efficiency. We must establish the conviction that “the rules are fair, efficient and free.”