论科斯定理对庭审过程的启示

运用科斯定理可以对民事诉讼中双方当事人之间的“和解”要价进行定量分析,但是科斯定理分析问题的一个重要假设是“信息完美”,这在现实中是不存在的。博弈论认为策略行为的实质是博取“私人信息”,诉讼的发生率与信息不对称有较大的关联。庭审程序的设计要有利于各方获取他方的证据信息,便于当事人进行信息比较和估计;庭审过程应便于当事人获取对称的决策信息为目标;法官在庭审过程中的作用就是引导当事人从不完美信息趋向完美信息。双方当事人会根据证据交换、庭审质证认证的情况并结合自己可以接受的成本和风险底限决定自己的强硬策略值最终达到策略均衡。

Inspiration of Coase Theorem to Case-hearing

Theorem helps make a quantitative analysis of the terms demanded in conciliation by the two parties during a civil lawsuit,but an important assumption in the analysis by Coase Theorem is perfection of information that does not exist in reality.The game theory holds that the essence of the tactical behavior is to gain private information.The occurrence of a lawsuit has much to do with asymmetry of information.The design of the case-hearing procedure must favor the acquisition of evidence and information of others by each party so as to facilitate the information comparison and evaluation by the parties concerned.Hearing a case must aim to facilitate the parties to acquire symmetrical information for decision-making,and the role of the judge is to guide the parties from imperfect information to perfect one.The parties of the two sides will decide their own unyielding tactical value to reach their respective tactical equilibrium in accordance with the exchange of evidences,the legalization of confrontation and the cost and risk minimum they may accept.