Law And Economic Analysis Of The Civil Procedure’s Pre-mediate

All the legal problems can be analyzed by economics. Law is a typical public goods, and judicial resources is an intangible public resources, thereby forming a market is a typical oligopolistic market. These characteristics determine when we formulate legal provisions and the use of judicial resources, need to consider the legal and judicial public goods scarcity of resources, we need to consider the input costs and expected benefits need to be considered fair value and efficiency value. Press views traditional legal research: run a developed legal system and judicial procedure requires fair. But in fact, excessive pursuit of a fair and impartial administration of justice will lead to increased costs, low efficiency of scarce judicial, judicial resources.Meanwhile, the fair has a class nature of the times, ideology, absolute sense of justice is non-existent, while the efficiency of having a constant, permanent, absolute.Therefore, "even though the economic value may only reflect part of the legal system we want, but at least economic theory tells us how to get the part, and we hope to get an important part of things is the result." Thus, the law should in the pursuit of justice,based on the guide and encourage people to follow the most efficient use of resources.China’s "Civil Procedure Law" in advance of mediation can not only solve the dispute as soon as possible, thereby reducing the cost of litigation the parties, but also to promote fairness and efficiency to achieve a double value. Because the theory of law and economics, rights and obligations of the parties to the transaction as a product,as the Coase theorem says, "the rights and obligations of any transaction requires transaction costs", when in the presence of transaction costs, with the "rational economic man" feature both cases need to be considered and the game, in order to achieve their own interests and social benefits. So this in a fair and efficient double the value of guidelines to cost- benefit analysis as the main tool for the use of "rational economic man" hypothesis and the legal system of game theory describes the legitimacy and feasibility of the use of mediation first exist. At the same time,further analysis of the system is not perfect place, and that should be specific and detailed aspects.Some people think that they talk about law and economics analysis of the efficiency do not speak of justice, the role of law will only be attributed to the pursuit of the maximization of social wealth, the economic efficiency of the legal system as atrade-off to the highest standards and evaluate its merits. And I think, the pursuit of efficiency involves both fair intention, the same efficiency and equity can be used as guidelines for analysis and evaluation of the law, fairness and efficiency is illusory and true, for the case of a fair and just difficult to define, cost-effective the pursuit of truth towards a viable and reliable step.