Cost Analysis Of China’s Illegal Criminal Cross-examination

There are more and more unjust, false and erroneous cases like cases of Xianglin She and Zuohai Zhao happened in China in recent years of which the main cause is illegal cross-examination existed in the investigation and inquiry process.Investigators regularly extorts confessions by torturing the suspects. Why does illegal cross-examination happens regularly on the background of clause43of Criminal Procedural Law which provided that extorting confessions by torturing is strictly prohibited? The main reason is that people is driven by some kind of interest which is the original motivation of human survival and development. As Marx said that all the things human beings struggles is related with their interests and they probably destroy the current institutions for the benefits of themselves. At present,China’s investigation abilities and measures is under-developed,so there are time limits for the major cases.In order to crack criminal cases,investigators would rack their brains to collect evidence.Of all the evidence,confessions of the suspect are most convictive.For the purpose of obtaining confessions,illegal cross-examination is the easiest way.Up to now community of scholars study the existence of illegal cross-examination from all aspects such as feudalism and imperfect relevant institutions.However,the author thinks that we should shift research aspect from institutions themselves to hidden interests of illegal behaviors to study the authentic cause of illegal cross-examination by means of exerting the Law Economics theory in the investigation stage to make cost analysis of illegal cross-investigation.Richard Allen Posner,representative of Law Economics,thought that every criminal is a rational calculator so that people commit crimes after calculating that benefits is more than costs. According to Law Economics theory, deciders are rational "economic men" which are pursuers of benefit maximization.They will compare the benefits and costs of different actions before their decision so that they can choose the best which will bring them benefits. So people decides to abide by the law or break the law according to the assessment of law-breaking costs.The essay concludes that low law-breaking costs is the main cause of illegal cross-examination after analyzing illegal cross-examination cost on the basis of Law Economics theory.Actually, law breakers are rarely be punished or the government will take the place after unjust, false and erroneous cases are found.Law-breaking cost is low,so the author suggests that government increase law-breaking costs and punishment rates to decrease unjust, false and erroneous cases,maintain China’s law authority and promote China’s rule of law environment.