Research On Public Prosecutors’ Duty Behavior From The Perspective Of Game Theory

Legal interpretation of the prosecutors’ performing duty behaviors from theperspective of game theory, helps to expand the method breadth,deepen the contentdepth and strengthen the guidance role of the concern research.Game theory approvesthat legal actions can be gamed,the confrontation among players exists sequence, andthe confrontation with information asymmetry, too. Game theory can also carry outbalanced evaluation of the behavior decision combination.The hypothesis of rational economic man is the basis of game theory as a researchmethod. Legal disputes results from the lack of rationality, and the comparability existsbetween legal and economic behaviors. Transaction cost is a standard of social activitiesorder optimization and quality,and its economic essence from the perspective of law isthe cost of all participants’ making rational behaviors which must pay. Participants inthe trading activities tend to make actions relying on personal preference, in order tomaximize the utility, and to achieve the most comfortable and satisfactory state in themind. In game theory, the strategy means most response plans which participants use toanswer all possible situations.The game model is the process and the performance of thegame. The prisoner’s dilemma and boxed pigs game is a typical representative of thegame model.Researching from the aspect of system design of restraining corruption, onlyprocuratorates and their staff can shoulder the duty crime investigation mission underthe socialism with Chinese characteristics. The nature of duty crime cases requires theprofessionalization of investigation measures following the principle of investigativetactics. Its requirements of resourcefulness seem higher than ordinary crimes needs. Theduty crime investigative methods of prosecutors are facing challenges and opportunitiesat the same time. The duty crime investigative interrogation should be considered inaccordance with laws, and exercises the investigation power reasonably to find theopponent’s weakness, then defeat the suspects’ psychological line of defense. What’smore, prosecutors should be good at creating a stable equilibrium point, persuading thesuspects to accept facts and repent their crime behaviors. In actual operations, theprosecutors should be aware acutely, infer reasonably, and create timely the "Nashequilibrium" point. The game of duty crime investigative interrogation includedcooperation and non-cooperation available models for studies. The former included three factors: information, strategies and actions, the latter included two aspects: ideasand the system.The theoretical basis of the public prosecution game is the objective obligation ofthe public prosecutor. The value orientation of objective obligation of the publicprosecutor is to maintain social fairness and justice, but prosecutors may violate thisobligation at any time. Making plea bargain as an example, the prosecutor who fulfillingthe duty behavior of plea bargain for the content of laws, should at least ensureaccordance with laws. The objective obligation provides clear evidence for prosecutors’prosecuting and asking for punishing crimes on behalf of the state from the perspectiveof the legal system, and it make possible that prosecutors and the defendants take game.Plea bargaining is the essence of players on the expression of other proposed tradingstrategies: accept or not and cooperate or not. Cooperation is the dominant strategybetween both prosecutors and defendants in the game of plea bargaining. Pleabargaining game model is simple, efficient and practical, and it can be applied to themost of public prosecution of criminal cases in principle. By the way, it also needscorresponding safeguards mechanism. The model should also plan to establish severalmechanism to record game ability and credit evaluation for participants.Legal supervision is a kind of activity which in accordance with laws andprocedures, aiming at a specific object, and producing legal effect. The supervision onactions of applying laws, includes the judicial personnel of criminal, civil andadministrative litigation activities in compliance with the provisions of the applicablelaw of supervision. The cost of securing a stable social order, fairness and justiceincludes the law’s creating cost, realization cost and opportunity cost of legalsupervision. The former two are the main parts which prosecutors may pay for legalsupervision activities. The utility which comes from prosecutors’ supervision activitiesof application of laws included three parts: by punishing offenders directly, by deterrenteffect of preventing recidivism laws, and by encouraging and rewarding prosecutors. Asthe opponent of game, supervisors’ most significant cost is the punishment. The gamethat prosecutors fulfill the responsibility of legal supervision can gain the dominantstrategy through controlling variables, which is used to guide practice activities.This research intents to show relatively clearly the principle of game in theactivities of public prosecutors’ performing their duties. It makes others know the whatand why, and guides the relevant subjects to discern their strategies space and expectedincome range. In this way, players are able to seek personal interests and public interests within the scope of lawful and reasonable provisions. Studying legal activities ofprosecutors’ performing their duties from the perspective of game theory, because ofacademic achievements in this field are relatively few, and the author’s limitedknowledge, this research must has been exist many problems. Wish this article canstimulate more other opinions and research in future.