Jurisprudence Analysis On Economic Functions Of The Court

As for the understanding of Economic Functions of the Court, the people have experienced a gradually thorough process. At first, people have not realized economic functions of the court. With regard to the economic development, the court sometimes can only solve the economic dispute through the trial. Along with the appearance of new legal methodology, especially the legal economics development, it gives us a brand-new angle of view for our research. It indicated that through the legal economic analysis the court has the right to dispose the functions again. Finally, the court has nothing to do with the economy no longer, but it is affecting the economic movement directly through the decision.The foreword, expounded the theory and reality dilemma which economic functions of the court faced. It also proposes the point of application of this article.The first chapter has analyzed the concept of economic functions of the court, the characteristic as well as the nature. It has compared economic functions of law and economic functions of the court. It also concretively exposits the four factors which affect the effective display for the court economic functions.The second chapter combed the history of American Court, and inquired the process about economic functions of the court changed from the rational frantically to the unconsciousness. It has established the foundation of economic functions of the court theory from legitimate and the reasonable angles. It also has excavated the comparison superiority of economic functions of the court.The third chapter, which elaborated the court economic functions economic functions of the court manifestation from the macroscopic economic investigator, the microscopic economic adjuster, and the system economy auxiliary booster. Thus it proposes the possibility for the realization of the court economic functions practicing.The fourth chapter points out the limit, the opportunity as well as the way for the judicial involvement economy. The court should throughout hold"the passive virtues", and ?as"the mature case", chooses the appropriate way and involves the economy moderately, which can guaranteed Economic Functions of the Court displayed correctly.The conclusion emphasized once more the important practice significance Economic Functions of the Court regarded to the current China, which in order to bring the attention that the successor studies.