诉权的经济分析

Economic Analysis of Right of Action

传统民事诉讼理论在研究范式上存在较大的自我限定性,但跨学科方法的运用却是一个可能的理论拓展方向,不应排斥。诉权的经济分析一定程度上有助于解释诉权的产生、存在或者消失,本文运用诸多例证,生动有趣地讨论了艰深且以传统方法难以取得进展的诉权理论。

Traditional civil procedure theory exists the problem of self - restrictiveness on its research paradigms, however, the application of the cross- disciplinary methods is one possible way to extend theories, which shouldn＇t be excluded in our research. To a certain extent, economic analysis of right of action could help us to explain the appearance, existence or disappearance of the right of action. The thesis makes use of many examples to discuss the abstruse theory of right of action interestingly, for which is hard to got a little development by traditional research methods.