An Economic Approach To The Criminal Summary Procedure

An economic approach to the criminal summary procedure is a method to research the criminal summary procedure which is on the basic theory, idea and approach of economics. The aim is to analysis how to acquire the maximum criminal justice proceeds by costing the minimal criminal justice expense, so that to improve the efficiency of criminal suit. This paper is composed by three parts. The first part introduces the definition, productive background of criminal summary procedure, and the important significance to improve the efficiency of criminal suit. Then, introduces the basic suppose, conception, analysis methods and tool of Economic of Law. In order to get ample preparation for the following writing, author narrates the theory system of Economic of Law. At last expounds the important meaning of economic analysis of criminal summary procedure. The most important part is the second part. Author analyses the cost, benefit and efficiency in detail, and comes to three conclusions: first, the aim is to get the minimal cost from the sum of direct cost and erroneous cost in economy; second, the highest point exists when marginal cost crosses marginal revenue; third, the design of the minimal cost in criminal summary procedure system must insist three principles: punctual, brief and justice. The third part is the purpose of this paper. Author approaches some related problems in criminal summary procedure with the methods and conclusions mentioned before. First, points out the function of thrift in suit cost. Second, expounds some problems in the course of criminal summary procedure from economic of law's view. Last, gives some suggestions in applicative process.