诉的强制合并之经济价值的思考——基于诉讼成本与诉讼效益的个案分析

Reflection on the Economic Value of Complusory Joinder of Action Based on a Case Analysis of Cost and Efficiency of Action

对具有牵连关系的几个诉是否实施诉的强制合并,通过诉讼成本与诉讼效益的比较分析,可得出强制合并比任意合并更为经济。因此我国有必要确立诉的强制合并制度,以体现其特有的经济价值:不仅能够有效地降低诉讼成本和提高诉讼效益,而且还蕴涵着难以量化的隐性效益———降低诉讼的错误成本、最大化地实现诉讼公正和彰显司法的权威。

As for whether the involved actions are tried in combination, the conclusions made under the application of the analysis tools of litigation costs and litigation benefits are obviously different, namely the compulsory joinder of action is more economical than the arbitrary joinder of action. Therefore, it is necessary to establish legislation on the system of compulsory joinder of action to reveal its peculiar economic value, which not only includes the reduction of quantifiable explicit cost and the improvement of dominant efficiency, but also contains the invisible efficiency that is difficult to be quantified--reducing the error cost of lawsuit, guaranteeing the realization of lawsuit justice maximally, and manifesting the judicial authority.