Survival Litigation-An Economic Analysis Of Judgment

The construction of rule of law system in China is still little optimism in the aspect of the judicial practice centered on court trials.Meanwhile,the domestic social scientific studies of judicial practice issues have limitations in terms of methods and scope.Furthermore,the limitations of academic research led to a limited judicial cognition about value judgement,which is kept by the public or even educational circles.By using a systematic theory to carry out an empirical study for the formation mechanism of judgment results,it could be meaningful for multiaspect.On the one hand,the research can be used as a theoretical reference to enhance the understanding of Chinese judicial practices and deal with the practical problems among them.On the other hand,the research can apply economic analysis methods in the field of procedural law,develop more rigorous methods to expand the boundary of legal researches,and provide evidence in China for judgment theory.More than that,the research may reveal the judicial law of objective existence,so that the judicial cognition can be updated.Starting from the above three aspects,the core issue of this study is how to interpret the judgment results.Focusing on this big issue,this article uses the analytic framework of economics to address the following series of questions:1.What is the most competitive theory in the ideological market for the studies of judicial decisions?2.How is the applicability of this most competitive theory in the Chinese judicial environment?3.What is the strict logic of this theory?4.Does this theory exist in Chinese judicial practice?5.What are the theoretical characteristics of Chinese judicial decisions?6.What is the methodology of this theory for the studies of Chinese judicial decisions?Starting from the six interlocking resolving questions,the corresponding steps are carried out in six steps toconduct the specific researches:1.Reviewing law and economics researches on judgment results.2.Revealing the statistical Statistical regularity and macroscopic factors of China's judicial decisions.3.Proposing a theoretical model that explains the judicial decisions.4.Testing the theoretical proposition of the judgment results based on the civil judgment data.5.Loosening the theoretical hypothesis and test the existence of special factors in China's judicial system.6.Designing empirical methods based on the theory and studying the specific judicial issues.Through these steps,this study may provide a systematical explanation of China's judicial decisions.And intellectual value-added or academic progress can be achieved in the following five aspects:1.Revealing the general influence mechanism of the judgment results from the perspective of litigant's decision-making.2.Designing a new empirical method,using the data of the Chinese civil judgment to confirm the theory of selection hypothesis.3.Revealing the special factors of China's judicial judgment-the duality of the judgment standard.Combined with the general factors of the choice hypothesis theory,providing more systematical explanation of the phenomenon of Chinese civil judgment results.4.In order to avoid the "survivor deviation" in judicial proceedings,based on the theory of selection hypothesis,designing a new empirical research method is,which provides a methodological starting point for the study of specific problems with the judgment results.5.Extending the theoretical connotation of the party's choice effect,and proposing the market supply and demand theory of justice and the symbiotic evolution theory of economic and law.In a nutshell,the main purpose of this study is to construct and verify the theory that mechanism of litigation decision is the key of judgment results and to explore the methodology of judgment results researches.