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Equilibrium Analysis To Criminal Justice Process

Posted on:2006-09-29Degree:MasterType:Thesis
Country:ChinaCandidate:Q F XuFull Text:PDF
GTID:2166360155954351Subject:Law
Abstract/Summary:PDF Full Text Request
The study in criminal procedure was attentive of the game which wasfilled with the definition and categories of law in the past. So that the vividprocess in the criminal procedure was neglected, either normaltively orpositively. The economic analysis of law is also filled with how to deal withendow which leads to the given factor that is hidden from the subjectiveperson. It is neoclassical microeconomics that has no desire to find where's theendowments when to cope with criminal procedure. Obviously, where ithappens, there is something negligent such as the structure of interactionbetween subject of criminal procedure.Thus, new classical microeconomics pays her attention to specializationand division so that it has advantage over some questions. Then New ClassicalMicroeconomics try her best to deal with such problems. With the method ofthe inframarginal analysis, New Classical Microeconomics has the capacity todeal with lots of problems which Neoclassical Microeconomics is unable to dowithin her system. As a means of Economic Analysis of Law, cornerequilibrium analysis which comes from New Classical Microeconomics hassome advantage over General equilibrium analysis which is underNeoclassical Microeconomics. As far as the process of criminal judiciary isconcerned, not only resource can it give out reasonably, but also resolve theinstitutional structure. It is corner equilibrium analysis that makes us take ourcare of the institution in the judicial process of crime. We had to do our best tosee to the specialization and division in the criminal process which is essentialto human rights. So it is high time we turn our eyes from resource toinstitution. What is more, it is possible to have a piece of beautiful view onhow to reform our judicial system. The last but not the least, it makes a stablefoundation to give way for human rights-protecting and liberality-advancing.But the problem lies in whether corner equilibrium analysis to law isbound, then the next is to testify how to analyze the criminal justice processwithin the method of corner equilibrium. On one hand it is necessary to proveit, on the other hand, it is possible to certificate it .From every view ofEconomic Analysis of law, we have a chance to integrate the above in orderthat we should go on our work. Generally speaking, it is Economic Analysis oflaw that makes a foundation on the corner equilibrium analysis to criminaljudiciary. But as far as the corner equilibrium analysis is concerned , it isbecause of the resemble to the method and theme in the process of criminaljudiciary , and it also gives us a new means to the judicial reform which hadmore advantage over the dispose of resource in the past . Then we can havemore looks at the structure of the justice. But how to analyze?So the most important in this part is that how we use the instrument ofcorner equilibrium in analyzing the process of criminal judiciary, and it isn'toriginated from a piece of theory, in fact it is on the basis of the generalequilibrium analysis to law. but it isn't the only thing that repeats the samemistake .the new analysis begins all over again from the prerequisite criticismabout Neoclassical hypothesis. For example, corner equilibrium breaksthrough interior solution and pays more attention the corner solution .soeconomies of specialization takes place of economies of scale and the subjectand turns to specialization and division.From general equilibrium to corner equilibrium, the focus of analysistransform to specialization and division correspondingly. It is also obvious thatour research should transfer its view and method .With the development of thenotion which had some other means. So the equilibrium of law is also boundto corner equilibrium analysis within pare to equilibrium in law. At last wefind an equilibrium analysis to law which has some advantage over whomNeoclassical Microeconomics is unable to give. It is corner equilibrium thatmakes a way for the research on structure and institution.Since the pertaining to crime research of the judicial process paysattention to game of the definition and concept excessively, jumping around ondefinite back. But in a specific way interpersonal interactive process turns ablind eye. It is norm to ignore analysis or is a substantial evidence analysis, theeconomic analysis of the law is a kind of substantial evidence analysis, alsobeing pay attention to in the resources to install only, but as to it's the factor ofthe corpus person of the back but see as is to give settle of, this is the newclassic frame under of analytical model, make use of in judicial process ofpertaining to crime is to sink to install in the resources, but to the source of theresources but don't do to further cross-examine. This interactive structureproblem of each benefits corpus for ignoring judicial process of pertaining tocrime. certificate become of problem. At the same time this kind of framelaunches and is the process of a series of and analytical problem. Concrete butspeech, it needs to launch the premise preparation, and then to carry on aseries of certificate to become. Even want to set up one concrete model for theconvenience of in analyze the problem and solve problem. Newly arisen andclassic frame then suggests the lately classic foundation of sex judgment toturn with profession in the division of labour up the attention. Concrete go tothe judicial process of pertaining to crime in is to even be pay attention to inthe analytical person's factor, the profession that concerns the court inner partdivision of labour and judge and social people install. Even close thereasonableness of wade the interpersonal interaction and association, but thiskind of analysis frame is apply in judicial process of pertaining to crime is acan the certificate become of problem. At the same time this kind of framelaunches and is the process of a series of and analytical problem.The first, to make a premise preparation, is to want to carry on criticizingto introspect to the judicial process of pertaining to crime. Why to make a thiskind of premise preparation, is because the desire carries on a lot of balancedanalysis to the judicial process of pertaining to crime. Need to do the problemto turn the processing to the judicial process of pertaining to crime, then tointrospect why the judicial process of pertaining to crime is unbalanced. Is abalanced analysis since, already the unbalance that premise prepares toestablish it, first, want to carry on introspect to the judicial process. It issystemize the legal procedure of sill is, be the system fact, it is a series ofprocess to launch and push forward, exactly in this kind of process, judicialdiverse sex and passes wade basic human rights with the detail of concreteright just can for right experience with stare at:â‘ Judicial process should bewhether the rule of law mode of thinking launch in a specific way or not thenegation that settle,â‘¡the judicial process is a kind of fulfillment to reasonlogically, is the outcome of the rule of law doubtless, the rule of law thinkingis inseparable in judicial process., the rule of law thinking is inseparable injudicial process. Therefore, judicial process will body in the carry out of norm,democracy, reasonableness process now its proper. But at the same time, andthen exist a define of rule of law and limit the problem. Then rule of law sinceis a procedure of, should be substantial again. At the same time, the rule of lawalso will have it the conservative because the rule cure. Pass to choose theprocedure exactly, carry out the inside strain between abstract norm andconcrete case flabby. How this kind of choice is can justification? Thisderivation the procedure justice principle of the modern method. Theprocedure justice originate under natural fair principle of personal rightguarantee, its scope develops but extends continuously along with the socialeconomy. This derivation the procedure justice principle of the modernmethod. The procedure justice originate under natural fair principle ofpersonal right guarantee, its scope develops but extends continuously alongwith the social economy. But total speech, the research of the procedure justicecontain two paths: for a vein of the representative, chase the procedure justiceas pure procedure justice, perfect procedure justice and not perfect procedurejustice. Introspect integration, pass to carry out the integration of the proceduretowards connecting the choice and systems, and the decision of the decision. Ifwe go to vivid judicial process in a specific way in, the pertaining to crimejudicatory has the sample doubtless. Because its matters close the corpus lifeand freedom, even involving the basic human rights problem. Pass theinvestigation to the concrete kind of judicial process of pertaining to crime, itis the request of a kind of rule of law first, to satisfy the natural morals of thelowest limit.The next move is to need to make a certificate to the balanced analysis ofjudicial process of pertaining to crime. As a kind of quest that uses theeconomic tool analysis law phenomenon, it is not to give settle of, but need tocarry on the argument from the necessity and possibility. Is the certificate ofthe necessity to become first, it is a method to learn to combine together witheconomics with each other, outcome add each other and undertook thebackground of the in great quantities economic working talent at nation tolearn under the method and economics how reply together. At the same time, italso leads because of two kinds of policies of performance and social welfareof issue. Because the judicial process of pertaining to crime hand over witheach other the choice characteristic of the reasonableness and well balancedhas to agree with naturally.The work that one more tread is the model doubtless to set up and launch,and the pertaining to crime balanced analysis of the judicial process. It to askfor help from the analytical tool of the economy, so want to make to elaborateto these tools first, then want to carry on the cultural heritage overview ( fromgeneral equilibrium arrive the Corner eauilibrium) to the balanced analysisafter equiping good weapon, the work of the next move would be to useviolence the machine to solve problem. Pass to draw lessons from the Cape toorder balanced, turn to the profession with the analysis that divide the work,can distinguish to turn from the profession with division of labour the bothside makes an analysis to the judicial process of pertaining to crime. Then to...
Keywords/Search Tags:Equilibrium
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