诉讼经济原则的法理学解析

Analysis of Jurisprudence to the Litigation Economy Principles

诉讼经济原则就是诉讼主体以最低的诉讼成本,获取最大的法律效益,实现诉讼目的的基本原则。作为节制诉讼资源的重要方法被各国广泛地运用于诉讼程序中。诉讼经济原则的存在以经济学成本收益理论为法理基础,其主要内容有:设置科学的诉讼程序;缩短诉讼周期;科学设定诉讼主体的权利和义务。诉讼程序是国家司法权的实现和司法资源整体配置的过程,符合诉讼经济原则的诉讼程序有极为重要意义。

The principle of litigatin economy is a foundamen principle by which a letigation subject gains the largest legal benefit and aehieres the goal of litigation at the lowest cost of litigation. Being an important method in saving litigation resources, the principle has been widely used in litigation procedure allover the world. The principle is based on the theory of cost and profit in economics and mainly includes：setting up scientific litigation procedures, shortening litigation cycle and instituting rights and obligations of litigation subject. After inspecting the litlatlon pro- cedures and the current situation of its enforcement in china, the author notes that these are many drawbacks in it. In addition, the author puts it forward that the principle of litigation economy should be improved and embodies in three aspects：setting up the sense of litigation economy; clearly regulating the principle of btigation economy in three proce- dural laws;setting up scientific litigation system and ensuring justice and efficiency;quickening the reform of trial and ensuring the realization of litigation economy.