Efficiency Of Civil Litigation Under Active Judicial:Optimal Accuracy With Time And Cost Restraint

Since the reform and opening up,with the transition of economic system and social transformation,the interest demands of difierent groups in the reality of the Social context of collision,conflict,leading to all kinds of contradictions,endless disputes.Coupled with people's legal awareness in recent years enhanced,and the weakening of the traditional dispute resolution,more and more cases influx of court. The Court accepted the significant increase in the number of cases,which is already overburdened courts and judges,while the people send a "litigation is so difficult" voices.Under the Judicial activism,how to make the limited judicial resources to maximize to meet the needs of more people?The efiectiveness of the proceedings has become the focus of attention.The judgements can provide the stable expectations,which leads to contract with each other in the market economy and plays an important role in protection of property rights and the performance of the contract.The most of disputes are that civil and commercial cases,civil litigation system run a direct impact on the operation of the entire judicial system.Therefore,enhancement of the efficiency in civil litigation is great significant benefit to the judicial system and the market economy.Domestic legal scholars study the efficiency of civil litigation from two perspects which are improve the civil procedure and improve trial efficiency.The connotation of understanding of the domestic legal scholars efficiency of civil litigation is relatively narrow.Efficiency as an economic concept,is rich in content,the Law and Economics provides a solid theoretical foundation for the development of civil litigation efficiency analysis.The perspective of this article is based on a Law and Economics.This paper attempts to build the framework for emciency analysis of a civil litigation under a Law and Economics perspective.Therefore,the research questions include:(1)What is the connotation of civil litigation efficiency?What is the evaluation criteria?(2) What is the path to enhance the efficiency of the civil procedure? What factors affect the upgrade of civil litigation efficiency?(3) How the subject of proceedings motivation affect civil litigation efficiency of the path? What are the problems?(4) How to solve these problems in order to enhance the efficiency of civil litigation?The main structure of this paper is divided into eight chapters, The first chapter proposes the importance of research on civil litigation efficiency. Chapter â…¡ has combed the relevant literature, find the ideas and methods of civil litigation efficiency, especially on the foreign procedural law of economics research results were consolidated and summarized, to tease out the analytical framework and theoretical model of Western litigation economics. I hope this is not only a reference for this article, but also contribute to the development of law and economics in this field. This paper not only analyzes the differences and complementary nature of the legal studies and economics research, and a comparative analysis of the literature, ideas, methods, content, context. Draw conclusions from the improved efficiency of China's Civil Procedure, in the case of the overall judicial level is not high, not only is time and cost savings should also be concerned about the accuracy of the referee on the social costs.The third chapter put forward the concept of efficiency in civil litigation based on the further understanding of the efficiency of law and economics.Civil action efficiency is the subject of proceedings under the incentives of the civil litigation system, time, cost constraints referee optimal accuracy in order to achieve social welfare maximization. Costs from the social point of view, the optimal accuracy is to reach the litigation caused by the social losses and social costs into equilibrium.There are two basic ways to enhance the social optimum accuracy. First, in the case of low accuracy, increase social investment to enhance; second,undering the premise of higher accuracy, maintain the established accuracy and reduce the social costs of consumption. There is further room for improvement of our trial level and accuracy, the subject of proceedings should be time-, cost-optimal investment, as well as procedures to be realized for the rational allocation of time and cost. But the realization of the path is subject to many factors.,such as the motivation of the subject of proceedings, proceedings, litigation mode.Whatever the factors are the subject of proceedings-the parties, the court, the judge's conduct to play a role in This study is launched from the motivation of the subject, behavior and the relationship between them.Chapter IV studies the parties the cost of inputs and the strategic behavior of the efficiency of civil litigation and regulation. Look from the point of view to achieve optimal accuracy, the socially optimal number of lawsuits is the number of social cost minimization. Litigation of the parties aim to spend the least time and cost to obtain a ruling maximize their personal interests. The inputs of the parties to sue to be subject to its budget, may lead to a "litigation dilemma."In this paper, the theoretical analysis and practical questionnaire survey found that the role of various factors lead to litigation may be too strong or too weak, resulting in litigation relative social optimum number of over-or under. For society, lack of litigation by legal aid, the cost of litigation assistance, the establishment of public interest litigation system to encourage the parties to the proceedings. Promote reconciliation is the most important means of excessive litigation issues. There are many factors affect reconciliation, but the main parties to the litigation costs and the available information. The parties own the information available can be exchanged through incentives to voluntarily disclose or evidence of pre-trial proceedings to force; the case of legal information is largely dependent on the court previously made by the referee to be passed.The fifth chapter is to study the court's "input-output" strategy on the efficiency of the civil procedure. From the social point of view, as a specialized body to resolve disputes, the economic objectives of the Court is to ensure the minimization of the trial costs under the referee accuracy. Court to invest time, manpower, material resources in order to achieve the efficiency of the "output"(more accurately referee), the goals of the court to be subject to the input and the input of the judges of the country. Bureaucratic system of our courts, administrative, financial sources, localization, led the Court in order to increase local financial inputs may flow as a vassal of the local government, local protectionism situation, the referee accuracy difficult to guarantee, so as not to conducive to the maximization of social welfare. The accuracy of the cases need to judge the investment to be realized, the input of judges in addition to subject to the rigid arrangement of the system mainly depends on personal factors, in order to judge the work, dedication to improve the pay, promotion and other incentives. This paper to draw:An Empirical Analysis of grassroots courts and judges (the number of judges, judges of the loss of) a great influence on the efficiency of the outputs of the Court, grassroots courts the number of judges and the output efficiency of the court there is in reality the scale of decreasing trend. The reason why this problem is too little, because the true number of judges handling cases in order to improve efficiency, increase the number can not be alone, but should be a reasonable configuration within the Court of Justice resources. In addition, the results of the court referee as public information, on the one hand, a certain economic value, help to promote the enhancement of economic efficiency; the other hand, the referee information will affect the litigation of the parties to select, and thus the status of the number of lawsuits cycle. China's three decades of Civil Procedure Change, has fully demonstrated this cycle.The sixth chapter studies the important judicial policy guidance of courts and judges in the reality-Active Judicial and efficiency of civil litigation.From origins of Judicial activism theory, this paper defines the connotation of Active Judicial in the Chinese context:on the one hand, Active Judicial,asking the court (judge) should be enhanced in the trial initiative to strengthen the mediation, to strengthen the judges'explaination on the case; on the other hand, Active Judicial asking the court (judge) to actively participate in social governance,"Sending Law to the countryside","the judge into the community to resolve the dispute in advance.From the prospect of Law and Economics,Active Judicial is one of the means to promot the efficiency of courts and judges, which is able to enhance the efficiency of civil litigation. But the dynamic of the expansion of judicial duties with the Court will add to the burden of the court, to undermine the court's authority. In addition, the excessive emphasis on mediation can lead to reduced effectiveness of the proceedings. Therefore, we must maintain the balance with judicial restraint,balance of mediation and trial;and the balance between the case of efficiency and social efficiency. On the basis of earlier research, from the perspective of cost-optimal allocation, Chapter VII provide sound advice to Civil litigation procedures. The perfect pre-trial proceedings focused on the screening of cases, to strengthen the exchange of evidence of the parties to promote reconciliation, or to establish a focus of controversy in order to improve trial efficiency. Small claims procedure focuses on diversion cases, to ensure the accuracy of the premise, to reduce litigation costs. Appeal, Retrial procedure are refined to effectively filter out the error cases, enhance the accuracy while reducing the social costs.On the basis of summing up the conclusions of the above sections, the eighth chapter is to propose the inadequate and prospect.The deficiencies of this article are:for the efficiency of Civil litigation research needs, economics, sociology, political science, cross-use, in theory, the use may not be sufficiently deep. This build is a civil action for efficiency analysis of the basic theoretical framework, some content is not deeply expainated, the logical structure is not very rigorous, article structure need to be further adjusted. This paper focuses on the theoretical analysis, empirical analysis is less and empirical analysis of the data also is not enough.However, I have some inspiration in my writing. Further studys are: the court produce information of the economic value; the explainations on factors of the output efficiency of the court; and the analysis of the basic theory of the litigation of economics.