司法裁判的经济学分析
发布时间：2019-04-01 09:46
【摘要】：在我国,随着司法改革的不断深入,司法裁判在处理社会纠纷中的作用和影响日渐突出,然而司法裁判中存在法官能力不高、司法裁判不公正等问题越来越受到人们的关注。对于此类问题,学者们更多的是从法学角度进行了详尽的讨论并提出相关建议。本文以经济学为视角分析了司法裁判的经济属性,并关注法官作为理性人在面临诸多制约下的现实选择,构建法官的效用函数并分析了效用函数中的相关变量如何影响法官的效用,进而影响司法裁判的结果,在此基础上提出有助于司法系统良好运行的建议。本文研究的主要内容如下： (1)本文运用治理理论指出司法裁判是一种第三方治理方式,人们是否选择司法裁判治理方式取决于治理方式效率的高低；运用委托代理理论指出作为代理人的法官追求自身效用最大化是影响司法裁判结果的原因之一；从我国司法实际情况出发,构建中国法官的效用函数,具体分析法官效用的影响因素。 (2)本文运用契约和信息经济学相关理论,通过构建法官效用函数来具体分析法官的专业知识、专业认同感、知识发酵度及负外部性信息对法官效用的影响进而对司法裁判产生的影响,在分析的基础上得出假设命题。 (3)本文在对法官进行调研和数据收集的基础上,通过对问卷的样本构成进行分析,对我国司法裁判的相关影响因素进行了系统的分析,建立实证计量研究模型,运用回归分析方法分析相关数据进而对司法裁判的影响因素进行实证研究,实证结果支持理论分析的假设。 (4)本文在理论研究和实证研究的基础上,分别从法官的专业知识、负外部性信息、法官的知识发酵度方面提出了完善法官制度建设、保证法官独立审判和构建案例指导制度等政策建议。 本文运用了文献研究、实证分析、跨学科研究等方法对司法裁判进行经济学分析和研究。 论文的创新点是从经济学角度分析司法裁判,尝试构建了中国法官效用函数,对司法裁判的影响因素进行分析；运用问卷调查方法,收集第一手资料分析司法裁判的影响因素；在实证分析的基础上,提出了完善法官制度建设、保证法官独立审判、构建案例指导制度等政策建议。
[Abstract]:In our country, with the deepening of judicial reform, the role and influence of judicial adjudication in dealing with social disputes is becoming more and more prominent. However, there are many problems in judicial adjudication, such as low ability of judges and injustice of judicial adjudication, which have been paid more and more attention by people. For this kind of problem, the scholars have carried on the detailed discussion from the law angle more, and put forward the related suggestion. This paper analyzes the economic attributes of judicial adjudication from the perspective of economics, and pays attention to the realistic choice of judges as rational people under many constraints. This paper constructs the utility function of the judge and analyzes how the related variables in the utility function affect the utility of the judge, and then influences the result of the judicial decision. On this basis, it puts forward some suggestions which are helpful to the good operation of the judicial system. The main contents of this paper are as follows: (1) this paper points out that the administration of justice is a third-party governance, and whether people choose the way of administration of justice depends on the efficiency of the way of governance; By using the principal-agent theory, it is pointed out that it is one of the reasons that the judge who is the agent pursues its own utility maximization. Based on the judicial reality of our country, the utility function of Chinese judges is constructed, and the influencing factors of judges' utility are analyzed in detail. (2) based on the theory of contract and information economics, this paper analyzes the professional knowledge and professional identity of judges by constructing the utility function of judges. The influence of knowledge fermenting degree and negative externality information on judge's utility, and then the influence on judicial decision, the hypothetical proposition is obtained on the basis of analysis. (3) on the basis of the investigation and data collection of the judges, this paper analyzes the sample composition of the questionnaire, and systematically analyzes the relevant influencing factors of the judicial decision of our country, and establishes the empirical econometric research model. The empirical results support the hypothesis of theoretical analysis by using regression analysis to analyze the relevant data and then carry on the empirical study to the influencing factors of judicial decision. (4) on the basis of theoretical and empirical research, this paper proposes to perfect the construction of judge system from the aspects of judge's professional knowledge, negative externality information and judge's knowledge fermenting degree. To ensure the independent trial of judges and the construction of case guidance system and other policy recommendations. This paper uses literature research, empirical analysis, interdisciplinary research and other methods to conduct economic analysis and research on judicial adjudication. The innovation of this paper is to analyze the judicial decision from the perspective of economics, try to construct the utility function of Chinese judges, analyze the influencing factors of the judicial decision, collect the first-hand data to analyze the influencing factors of the judicial decision, and use the questionnaire survey method to analyze the influencing factors of the judicial decision. On the basis of empirical analysis, this paper puts forward some policy suggestions such as perfecting the construction of the judge system, ensuring the judge's independent trial, constructing the case guidance system and so on.
【学位授予单位】：北京交通大学
【学位级别】：博士
【学位授予年份】：2012
【分类号】：D926
[Abstract]:In our country, with the deepening of judicial reform, the role and influence of judicial adjudication in dealing with social disputes is becoming more and more prominent. However, there are many problems in judicial adjudication, such as low ability of judges and injustice of judicial adjudication, which have been paid more and more attention by people. For this kind of problem, the scholars have carried on the detailed discussion from the law angle more, and put forward the related suggestion. This paper analyzes the economic attributes of judicial adjudication from the perspective of economics, and pays attention to the realistic choice of judges as rational people under many constraints. This paper constructs the utility function of the judge and analyzes how the related variables in the utility function affect the utility of the judge, and then influences the result of the judicial decision. On this basis, it puts forward some suggestions which are helpful to the good operation of the judicial system. The main contents of this paper are as follows: (1) this paper points out that the administration of justice is a third-party governance, and whether people choose the way of administration of justice depends on the efficiency of the way of governance; By using the principal-agent theory, it is pointed out that it is one of the reasons that the judge who is the agent pursues its own utility maximization. Based on the judicial reality of our country, the utility function of Chinese judges is constructed, and the influencing factors of judges' utility are analyzed in detail. (2) based on the theory of contract and information economics, this paper analyzes the professional knowledge and professional identity of judges by constructing the utility function of judges. The influence of knowledge fermenting degree and negative externality information on judge's utility, and then the influence on judicial decision, the hypothetical proposition is obtained on the basis of analysis. (3) on the basis of the investigation and data collection of the judges, this paper analyzes the sample composition of the questionnaire, and systematically analyzes the relevant influencing factors of the judicial decision of our country, and establishes the empirical econometric research model. The empirical results support the hypothesis of theoretical analysis by using regression analysis to analyze the relevant data and then carry on the empirical study to the influencing factors of judicial decision. (4) on the basis of theoretical and empirical research, this paper proposes to perfect the construction of judge system from the aspects of judge's professional knowledge, negative externality information and judge's knowledge fermenting degree. To ensure the independent trial of judges and the construction of case guidance system and other policy recommendations. This paper uses literature research, empirical analysis, interdisciplinary research and other methods to conduct economic analysis and research on judicial adjudication. The innovation of this paper is to analyze the judicial decision from the perspective of economics, try to construct the utility function of Chinese judges, analyze the influencing factors of the judicial decision, collect the first-hand data to analyze the influencing factors of the judicial decision, and use the questionnaire survey method to analyze the influencing factors of the judicial decision. On the basis of empirical analysis, this paper puts forward some policy suggestions such as perfecting the construction of the judge system, ensuring the judge's independent trial, constructing the case guidance system and so on.
【学位授予单位】：北京交通大学
【学位级别】：博士
【学位授予年份】：2012
【分类号】：D926
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