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经济学家在关注法律规则的内容时,也将注意力转向法律执行的过程。执法经济学研究中一个重要问题是公共与私人执法者之间适当且真实的责任划分。最近,这一问题因加里·贝克尔和乔治·斯蒂格勒一篇倡导执法私人化的文章而引起强烈关注。按他们的建议,私人和公司可调查违法,逮捕违法者(包括刑事罪犯),以及提起法律诉讼以矫正违法,包括刑事检控。倘若成功,私人执法者有权保留该诉讼的全部收益——例如,已决犯缴纳的罚金。不成功的执法者则需补偿被告的法律费用。
When economists pay attention to the content of legal rules, they also turn their attention to the process of law enforcement. An important issue in law enforcement economics research is the proper and true division of responsibilities between public and private enforcers. This issue has recently attracted the strong attention of an article advocating the privatization of law enforcement by Gary Becker and George Stigler. At their suggestion, private individuals and companies can investigate violations, arrest offenders (including criminals), and bring legal proceedings to remedy the law, including criminal prosecution. If successful, private law enforcers have the right to retain the full benefit of the lawsuit - for example, the fines paid by the offenders. Unsuccessful law enforcers need to reimburse the defendants for legal costs.