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Our Civil Service Mode Under The Law Of Economics Exploration

Posted on:2018-10-04Degree:MasterType:Thesis
Country:ChinaCandidate:Y WangFull Text:PDF
GTID:2346330515987989Subject:Legal theory
Abstract/Summary:PDF Full Text Request
Civil service refers to an act of procedures where the people's courts,according to legal procedures and means,deliver the charging documents to the party to a case.It is a fundamental to connect the court and the party to a case.In the social transformation today,public awareness about the rule of law has been enhanced,with an increasing number of lawsuits entering trails.Whereas,the “difficulty of delivery” caused by the relative lack of judicial resources is alarming,and has significantly bothered the day-to-day work of courts.The traditional legal theories qualitatively analyze and legally interpret the “difficulty of delivery”,yet many times has not obtained ideal results.In recent years,the rise of study of inter-discipline has provided new angles to academic discussion.The paper attempts to apply the mindsets of economics of law to compare the strengths and weakness between the traditional and innovative delivery patterns,to seek out the optimum strategy for delivery and to obtain a complete package of economic principles pertaining to delivery service.This paper mainly consists four parts:Part ?,though the description of the event of “Ali Delivery”,it puts forward the controversies triggered by the event and illuminates the point of argument of the paper.Part ?,is to trace back and reveal the background factor of event.It analyzes the causes of difficulty from the angles of court and the party to a case.Taking the delivery as a market economic activity,the deliverer,apart from the pursuit of improvement of social benefit,will consider the utility function in itself.From the objective,the extent of overcoming the difficult and the ability to obtain information is relevant,the court is adopting non-standard measures.At the same time,litigant participant is the value preference of rational man.Although the parties' rights may be violated they have spaces that are avoiding to seek private benefits.With the rapid development of science and technology,network is having gone to work learning and our daily lives.As a result,the overall burden of the court is not reducing,the cost of marginal effect is continuing to decline.Not only the states which similar to natural competition have lack of predictability and feasibility,but also encourage them use private power to participate the games.Part ?,breaks in with the analysis of economics of law,compares the advantages and disadvantages between the traditional and innovative delivery patterns,later analyzes the advantages of the traditional,relative advantages of “Ali Delivery” and the weakness in itself.First,it confirms the difficulty of direct delivery.The problems of traditional service can be conclusion: litigant participant hard to find,high cost,low efficiency.Second,under the paradigm of cost and profit,with an application of the principle of Hand Formula,it compares and concludes that the prospective earnings of “Ali Delivery” exceed cost,conforming to the logic of economics of law.To follow up,it explains the fact that “Ali Delivery” has balanced between better efficiency and judicial justice.At last,it discuss the issue of privacy security and procedure protection related to “Ali Delivery”.This reform measures will probably infringe citizens' privacy.This article regards a definition of privacy information as resources redistribution,uses theorem to apologize privacy right.Part ?,on the one side,“Ali Delivery” has provided an example to the optimization of delivery strategy.On the other hand,the public and individual benefits game each other and reach the equilibrium in interaction.In a balance of interests,attempting to lessen the difficulty,it proposes and argues a set of legal countermeasures to point out the path for domestic public service.
Keywords/Search Tags:Civil service, Legal and economic analysis, Benefit, Balance
PDF Full Text Request
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