【摘要】 信用失常的法律原因,从法律经济学的视角看,在于失信的法律成本偏低和法定信用权缺位,法律无法通过改变经济人成本—收益结构来引导经济人遵循法律;从法律部门的角度思考,在于民法、行政法对失信这一社会关系调整的不足和无能。因而,信用制度的重建不仅要求民法产权制度的创新和信用权的法定化,而且需要经济法有所作为。更多还原

【Abstract】 Observed from the angle of law and economics, the legal reason for credit absence lies in both the lower legal cost of credit loss and the absence of law regulation of credit’s right.Law has no ability to conduct person in economics to comply with itself by means of changing the cost-benefit structure; considered from the angle of law department,the credit absence lies in the inefficiency and disability of adjustment that civil law and administrative law impose on the social relationship the loss of credit. Therefore, the reconstructing of credit system demands not only the innovations of property right system in civil law and statute of credit right, but also the functions of economic law.更多还原