良好的社会秩序,需要通过法律等形式进行制度性安排,对个人行为进行必要的规范,整个社会经济生活才能达到效率最佳,这是人类社会在发展进步中逐步形成的共识。对个人行为的规范有指令性(或者是管制性)、共同契约两种方式,对应这两种规制方式的制度产生办法也有两种,前者是以长官意志立下规矩,后者是以法制的途径立下规矩,在现代社会治理中应该选哪一种,仍然是争论不休的问题。显然,若是军 A good social order requires institutional arrangements in the form of laws and other forms of personal conduct necessary to regulate the overall social and economic life to achieve the best efficiency, which is the progressive consensus of human society in the development and progress. There are two kinds of rules for the regulation of individual behavior, which are mandatory (or regulatory) and common contract. There are two ways to create a system corresponding to these two modes of regulation. The former is based on the will of the executive and the latter is based on the legal system Ways to set rules, which should be selected in the modern social governance, is still a matter of endless debate. Obviously, if the army