疑案判决背后的经济学思考——基于“于欢案”等案例剖析

The Economic Consideration behind the Judgment of the Disputed Cases——The Case Analysis Base on the Cases Such as“Yuhuan Case”

疑案是法律规则与事实摩擦的必然产物。"于欢案"等疑案的判决暗合了经济学逻辑。疑案判决是形式正义与实质正义取舍的结果,是交易成本与误差损失成本之差的利益最大化体现。通过对经济学中的成本与收益的权衡,进行适当的定性或定量分析,有助于法官在疑案中做出最佳的判决,为未来营造良性的激励机制。

The disputed case is the inevitable product of legal role and controversial facts. The judgment of the disputed cases, such as Yuhuan case, implies to conform to the economic logic. It is the result of the choice between the formal justice and the substantive justice. And it is the benefit maximization of the differences between the transaction cost and the error cost. Appealing to weighing the costs and benefits in economics, the appropriate qualitative or quantitative analysis approaches will help to make the best judgment in the disputed cases for the judge, and create a healthy incentive mechanism in the future.