The Cost-Benefit Analysis Of Administrative Litigation

The theory of Law and Economics considers the most important effect of law to the society is benefit, which demands the law system to be advantaged to the optimized configuration of social wealth and achieve the maximum of social wealth. It also demands us to decrease the social cost, make use of the social resource and increase the social wealth to the best of our abilities.The object this article studies is the cost and benefit in the criminal prosecution, the litigation cost refers to objective each kind of loss which national and the litigation participator paid for realization .It is litigation goal, also refers to the sum of the manpower, the physical resource, the financial resource which consumes in the implementation of litigation behavior by the main body of litigation. The litigation benefit refers to the most superior disposition of the judicial resources in litigation process, after each kind of cost consumption, then to realize maximum use value of judicial resources both in quality and in quantity and reach comprehensive effects it wants to reach .To make the cost and benefit of litigation achieve the best conformity by analyzing cost and benefit of litigation.This article can be divided into the introduction and four chapters. The first chapters give an account of the current situation being of administrative litigation and the significance of analysis of the cost and profit. At present our country administrative litigation frontage important one cause it is legal action cost to be excessive on the horns of a dilemma. Legal action cost and profit analysis necessity is that judicial fairness needs cost.The legal sense of Administrative litigation cost and profit analysis includes six aspects. That second chapters and sections give an account of is legal action cost and profit summary; it includes summary and classify of legal action cost as well as the classification and realization of legal action beneficial result. The third chapters and sections give an account of cost and beneficial result in the administrative litigation.The fourth chapters give an account of the approach to cut down legal action cost, and to improve legal action beneficial result.