On The Accuracy Of Legal Enforcement

By studying the American welfare economist and jurist Louis Kaplow’s ideas about the balancing model and following the welfare economics and information economics points of view, the paper pays attention to the accuracy of the law and its application in the Context of Chinese law. The basic content is about the follows.The first chapter is an introduction. Firstly, the research questions and research areas are defined. Then, it describes the academic and practical significance, but also the analysis in this paper borrows tools and materials have been summarized and classified. Compared with the several related concepts in the accuracy of the law, the paper presents the concept and characteristics of the accuracy of the law. The accuracy of the law means that law enforcement level, the degree of error on the verdict. Finally, the research framework and methods, lack of innovation and research issues are described.The second chapter describes the Louis Kaplow’s legal procedure thought. Before it, two popular theoretical model of procedural justice should be reviewed. Then, the content and the defects of the Rawls’the ’results oriented’ and Habermas’s ’participatory’theory are reviewed. "Results oriented" procedural justice theory suggests that the standard of the procedural justice is whether the procedures can obtain a just result, In fact, this theory is equal to deny the independence of the standards about the procedural justice. "Participatory" procedural justice designs the perfect program "rational debate on the rules", but in reality these conditions are difficult to reach, difficult for the judiciary to play a substantive role in the practice. Subsequently, the new theory of procedural justice - the balance of Louis Kaplow’s is proposed. He believes that procedural justice is the balance between the system cost and the real justice. If the high cost of real justice, tolerance miscarriage of justice is appropriate and reasonable.The third chapter is about the analysis of procedural justice following the last chapter. The core tools in the procedural justice theory - the legal accuracy is expanded in this chapter. The core concerns of the Louis Kaplow’s legal accuracy are the system cost. Substantive justice in law enforcement levels is the accuracy of the law observably and evaluatedly. The accuracy concept of law makes the abstract and prone to dispute the value of the real concept of justice to be as a grasp of law and economics concept from heaven down to earth. This chapter presents the legal framework of the law’s accuracy.According to the Coase Theorem, the cost of the system consists of three areas: search cost, trial costs and enforcement costs. Penalties for violations can be divided into two categories:non-punitive social costs (socially costless) and social costs (socially costly). The former is mainly about the money transfers-based, which is finished instantaneously and do not need to pay the social costs continually; the latter is not limited in money transfers-based, and the social costs of search and punishment should be paid. According to the Coase Theorem’s cost of system Louis Kaplow divides the analysis of the law into two parts:compensation model and the responsibility model. The former is a typical punishment without social costs; the latter is a typical punishment with social costs. The conclude is that the high cost of the system will be to reduce the accuracy of the law, and the lower cost of the system will be to upgrade the accuracy of the law. When analyzing the specification of the system, the objective of the evaluation of the law is very clear. When the accuracy of the law is in certain circumstances, the lower cost system of law should become the selection criteria.Chapter four is about the model of the legal accuracy’s analysis and application in China, which analyzing the "lure of law enforcement" and "prizes reporting" system, which has done a interpretative analysis to the two systems through the principles of information economics. Then, the chapter carried out the regulated analysis by the accuracy of law, which proposes the measures to improve the legislative policy. The measures are to combine the credible "reports prizes" system, severe punishment and the combination of the independent administration of justice together.The fifth chapter is the second issue about the model of the legal accuracy’s analysis and application in China, which is long-standing law of evidence Concealment System accuracy analysis in the legal system of ancient China. With Weber’s ideal type theory, concealment System is analyzed accurately by constructing two ideal types of evidence. First, the "synchronic type" ideal type about the system of ancient evidence is constructed, which compares the differences of the evidence about the types of ancient criminal law in punishing and reflects the intention that the "Concealment System" saved the costs in the historical background of weak government resources. Secondly, the ancient and the modern ideal type of duration model are constructed, which compares the effectiveness of the accuracy of the evidence and the cost constraints in the ancient and the modern legal system and explains the reasons of the decline of Concealment System in the modern society. The relative reduction of information costs evidence of the system will weaken the evidence of a close relationship needs to provide the degree. But the demand for crime becomes inflexible in the context of the rule of law. Finally, the Concealment System in the Chinese context is presented by the same precise tools. The current running cost of the rule of law in China is relatively less expensive than the ancient society, and above the credibility of modern Western society. Whether Concealment System Resurrection or transplanting the Relations’rights of refuse is to testify would not to be the same social environment. The design of the system depends on using the law to be tools to build a system of social norms or to choose silence responding to the needs of society.Final part is the conclusion, which is about the argument about equity and efficiency that we often discuss. In the perspective of the law economics, the efficient legal precisely in a way is in line with the requirements of justice. The two parts may present the affinity state of harmony completely under certain conditions, and which are found in some institutional factors. And how to configure and balance the two parts can be solved through the art of learning accuracy of the law deeply. The accuracy of the law should be seriously analyzed. We should try to explore the road about the rule of law by the close attention of the responsibility of the practical rule of law.