文章基本信息

标题：Law Enforcement under Incomplete Law: Theory and Evidence from Financial Market Regulation
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作者：Katharina Pistor ; Chenggang Xu
期刊名称：International Studies Papers
出版年度：2002
卷号：2002
出版社：Suntory Toyota International Centres for Economics and Related Disciplines
摘要：This paper studies the design of law-making and law enforcement institutions based on the premise that law is inherently incomplete. Under incomplete law, law enforcement by courts may suffer from deterrence failure, defined as the social-welfare loss that results from the regime's inability to deter harmful actions. As a potential remedy a regulatory regime is introduced. The major functional difference between courts and regulators is that courts enforce law reactively, that is only once others have initiated law enforcement procedures, while regulators enforce law proactively, i.e. on their own initiative. Proactive law enforcement may be superior in preventing harm. However, it incurs high costs and may err in stopping potentially beneficial activities. We study optimal regime selection between a court and a regulatory regime and present evidence from the history of financial market regulation
关键词：Incomplete law, law enforcement, financial market, regulation