Law & Economic Analysis On The Solving Mechanism Of Civil Dispute

The solving mechanism of civil dispute is usually the researching object of the code of civil law. This article tries to analyze the solving mechanism of civil dispute based on the legal theory. As one parts of the law system, the civil dispute solving mechanism exists to realize the request of social fairness. But in this developing society, the demand for the law by people is surely limited by the time. The social resource is limited, but as part of the social resources, the civil dispute solving mechanism should be analyzed in light of efficiency to full exert its effect. This article, based on the cost analysis, various counter plans that the party concerned of the civil dispute adopts after dispute takes places and the assumption of the economic theory of "rational person", researches the issues of the creation of the various dispute solving mode, the actual effect and the establishment of dispute solving mechanism.The article is divided into five parts, and respectively explains the necessity of efficiency in the law study, the possibility of applying the economic analysis method to law analysis, the detailed analysis of public relief and private relief in the civil dispute solving mechanism and finally brings forward suggestions on the optimizing configuration of this mechanism based on the requirement of economics. It preliminarily studies the analysis of procedure law in the view of economics.