传统法学一直认为公平正义是法律的核心价值,可伴随法律与其他社会关系联系的日益密切,单纯追求公平与正义的法律已经不适应市场经济的要求,新的价值标准也成为法律不得不考虑的因素。效率作为法经济学的核心价值,要不要上升到法律的核心价值,引起了争议。笔者试图分析效率于法律的作用,得出一个结论:效率应该作为法律的基本价值,但不得突破公平正义的底限。 Traditional jurisprudence has always held that fairness and justice are the core value of the law and can be accompanied by increasingly close links between law and other social relations. The law of pure pursuit of fairness and justice has not met the requirements of the market economy. The new value standard has also become the law has to be considered factor. As the core value of law and economics, efficiency should not rise to the core value of law, causing controversy. The author attempts to analyze the role of efficiency in law and draws a conclusion: efficiency should be regarded as the basic value of law, but it must not break the bottom line of fairness and justice.