Economic Analysis On Judgement

In China, with the deepening of judicial reform, the administration of justice in dealing with social disputes have become increasingly prominent and influencial, but there are still some issues of justice such as the ability of judges is not high, unfair justice and other issues are more and more attentionable. Scholars discussed in detail and make recommendations from the legal view. This dissertation analyzes economic attributes of justicefrom economic view, and focus on the judge as a reasonable person, the reality of choice under many constraints, construct the judge's utility function, analyze related variables affect judge's effectiveness and thus affect justice, and then givethe proposal how to well-run judicial system. The main contents of this dissertationare as follows:(1) This dissertation uses agency theory, suggests that justice is third-party governance, whether people choose judgement depending on efficiency of judgement; the judge as an agent pursuits maximizing his own utility is one of the reasons of unfair justice; from the actual conditions of our country, build the utility function of Chinese judges, anlyze the factors of judge's effectiveness.(2)In this dissertation, use the information economics theory, incomplete information game theory, derive the effectiveness of knowledge, degree of fermentation and negative information on the judge, and then derive propositions.(3) Based on the data collection of judges, analyze on samples of the questionnaire posed, the influence of factors related to justice, using the regression data to analyze the factors affecting the justice. Empirical results support the assumptions.(4) In this dissertation, based on the theoretical and empirical research, from the view of the judge's knowledge, the negative externalities information, the fermentation degree of the judge's knowledge, give the recommendations of a perfect judge system, ensurrance independent trial judges and building a case guidance system, etc..In this dissertation, the literature study, questionnaire research, empirical analysis, interdisciplinary research methods had been used.Innovation of the dissertation is analyzing justice from an economic view, attempts to construct a judge's utility function, analyze on the factors affecting justice; use questionnaires to collect first-hand information in order to analyzeaffecting justicefactors; base on empirical analysis, give the arrangements such as making a perfect judge system, ensuring independent trial judges, building institutional case guidance system.