“天下之公器”在诉讼中的作用

Function of the "Universal Tool of the World" in Lawsuit

经济学作为一种分析工具,号称"天下之公器"。经济学的工具属性确定了它在在诉讼中可以发挥很大的作用,然而现实中人们却忽视了这种作用。这种作用具有很强的现实性和可操作性,它至少可以表现在两个方面:一是有助于认定案件事实依据;二是可以为法官裁判提供一个参考标准。通过两个现实案例的分析,我们可以清楚地看出经济分析是如何在诉讼中发挥作用的,同时也可以看出经济分析对于法官来说非常重要,因此法官掌握一定的经济分析实乃职业之必需。

The economic as one kind of analysis tool may play the very major role in lawsuit. This As a kind of analysis tool, economics has been named the ＂universal tool of the world＂. The nature of economics as a tool determines its great function in lawsuit which is always ignored in reality. With strong practicality and op- erability, this function can be reflected in at least two aspects： firstly, it can help identify fact basis for cases; secondly, it can provide a reference standard for a judge in judgment. Through analysis of two practical cases, we can see how economic analysis performs its role in lawsuit; at the same time, we can see that it is very important for a judge. Therefore, it is necessary for a judge to master certain economic analysis.