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我国现行的法律制度在解决肖志军案中陷入了困境,其表现为:人们只能在法律文本中对一些令人神往的制度垂涎三尺,却在现实中寻觅不到它的踪迹。而通过制度革新走出制度的困境仍然不是一条一劳永逸的良策。只要权利保护的外部成本仍然存在,制度就仍有再次被架空的可能。因而,既然是权利保护的外部成本使得制度的运行陷入了困境,那么探究这种成本的源起便有助于人们走出这一困境,从而在根本上避免悲剧的重现。而提高社会信任度,便是打开困境之门的最终钥匙。
The current legal system in our country is in a dilemma in the resolution of the case of Xiao Zhijun. The performance is as follows: People can only covet some fascinating systems in the legal texts, but can not find its trace in reality. The dilemma of going out of the system through system reform is still not a good policy once and for all. As long as the external costs of the protection of rights still exist, the system is still likely to be emptied again. Therefore, since the external cost of rights protection makes the operation of the system in a dilemma, exploring the source of such costs helps people get out of this predicament so as to avoid the recurrence of tragedies fundamentally. And increasing social trust is the ultimate key to opening a dilemma door.