The Optimization Of The Administrative Litigation System - A Law And Economics Approach

Until now has administrative procedure system generated many problems? If the solutions to these problems just only depend on the traditional legal methodology, it can't be unbearable to the weight of the bottleneck of administrative procedure system. The new methodology provides a new perspective to observe, analyze and solve the problems. This new perspective bases on the premise of the congruity of justice and efficiency value of law, bases on the congruity of efficiency and distributive justice of economy.The first chapter introduces shifty necessity of the administrative procedure legal methodology. On the one hand, the evolution of Western legal methodology gives us the following revelation:the research ways of a subject could change and should change with changes in historical conditions; there are intersections between legal methods and philosophy, sociology, economics and other cross-disciplinary approaches, which can be mutually absorbed and learned. On the other hand, our country's administrative procedure legal methodology plunges in plight:singleness and rigescence. Methodology's change is actually necessary.The second chapter mainly discusses the feasibility of economic analysis, which focuses on the meeting points of administrative procedure law and economics in terms of macrographic and microcosmic perspective. The most key point is that the unification of the value of efficiency or effectiveness and justice, which are not always conflict. They become the common goal of administrative procedure law and economics common goal.The third chapter primarily applies the tools of economic analysis to analyze several major issues of administrative procedure law, and attempts to provide an optimized view, which needs some basic assumptions and analysis tools. The basic assumption is "rational-economic man", that is a rational people who maximize his own interests. The basic analysis tool is the cost-benefit analysis and game theory. Basic assumptions and analysis tools are mainly used to analyze the abstract administrative actions and public interest litigation, and the prosecution of administrative counterpart, settlement and mediation of administrative action, judge independence and summary process of administrative proceedings, and so on.The chapter four contains conclusions and some enlightments which economic analysis on the administrative litigation system gives us.