刑事诉讼成本效益的经济分析

An Economic Analysis of the Cost-Efficiency of Criminal Lawsuit

从经济分析思路去考虑，刑事诉讼是一种稀缺的司法资源，其所有者是国家。国家只有对刑事诉讼效益和成本二者的逻辑关系从经济学的角度作出明断，才能对这一司法资源实现优化配置。在具体的实务中，刑事诉讼的效益和成本不仅涉及程序的启用，而且包括程序的设置。这两个环节的选择，必须从诉讼效益和诉讼成本上予以经济地权衡。

Considered from economic analysis, criminal lawsuit is a scarce legal resource whose owner is the state. And if the state is to optimize this resource, it must make wise judgments of the logical relationship between efficiency and cost both of which are involved in the application of procedures and also include their arrangement. The choice must be made after weighing cost and efficiency so that criminal lawsuit can be better realized.