协商执法与可信威慑

Negotiated Enforcement and Credible Deterrence

Economic Journal · 1999
被引 32
人大 AABS 4

中文导读

构建了一个执法模型,其中被起诉的违法者与检察官可在调查完成前协商处罚,分析了协商阶段如何影响最优执法政策,发现最大制裁可能并非最优,且协商会降低检察官深入调查的激励并提高违规率。

Abstract

This paper develops a model of law enforcement in which indicted offenders and the prosecutor can negotiate the penalty prior to the completion of the investigation. The analysis focuses on the credibility of the conviction threat: the prosecutor cannot commit to any predetermined level of investigative effort should the negotiation fail. The settlement stage introduces several new features of the optimal enforcement policy, including the possibility that maximal sanctions may not be optimal. We show that the screening process associated with the negotiation stage reduces the incentives for the prosecutor to undertake thorough investigations and increases the rate of noncompliance.

协商执法可信威慑最优制裁调查激励