See Our Country Civil Judgment From The Judicial Subject Behavior Way

Civil jurisdiction is an important part of China’s judicial system. It is different of the criminal’ punishment or administrative adjudication ’s condemnation. The civil judgment is addicted to the service of the parties in power, a reasonable solution to the disputes and keep social stability. Especially, since entering the new century, new things are constantly emerging, the social environment is increasingly complicated, people’s way of thinking changes, people’s law consciousness enhancement. Then entering into the judicial procedure of civil disputes is potential of the blowout in present. A lot of the time, the law theory of traditional moral philosophy and legal hermeneutics as a subject may appear to be weak in the analysis of the problems of Civil referee. And can’t receive very good effect in practice. However, in recent years, cross disciplinary research processes provides a new thinking approach about the academic atmosphere. The fast development of the method of economic analysis also make astute jurists try to study the legal problems in the method of economic analysis, providing a fresh and new feeling. In this paper, the author selects a real case in the judicial practice, uses the economics analysis method to analysis, focuses on the analysis of the judicial practice, the economic logic behind the civil judicial subject behavior, put forward in the study of civil judicial referee, taking fully into account the judicial participants in the important value, fully consider the various judicial subject in the important value, each participation main body as equal rational man. And on this basis, change the angle of view, try judicial economics under the logic starting point, put forward the economic way of thinking might be embedded in the relevant judicial judgment, may become a powerful weapon to guarantee judicial justice, improving judicial credibility. I hope that in the collision theory and practice, can make a more profound understanding of the law and economics analysis method, not only produce a unique perspective on the normal judicial cases, also have deeper cognition on the civil judicial judgment logic.This paper mainly consists of four parts:Part I, the author briefly describes a treatment of industrial injury insurance dispute case exposed in the practice stage, raises questions involved in this case, so as to point out the research focus of the thesis, namely the judicial subject behavior analysis in the judicial practice of the judicial referee influence.Part II, through the various judicial body in the case of specific behavior, such as the defendant’s risk measurement and delay in litigation, the plaintiff’s weak dominant, the judge’s considerate equilibrium, illustrates the principles of behavior. Proposed in the civil judicial practice, we should weaken the strong sensory vulnerable groups as equal, independent thinking and value preference of rational man.Part III, the author combined with the above analysis of the legal main body behavior, instead, try to interpret the law under the logic of the referee. Points out that might be the civil legal judgment behavior as a market economy activity, the parties as equal rational man, the judge only neutral referee.Part IV, it points out that our civil judicial way back, for judge internal follows the utility function of the judge system construction, perfect the judicial efficiency as the judicial referee pursuit of the goal, and shape rational, free of external environment.