法官廉洁保障制度的经济分析

运用经济分析法学的理论,借鉴波斯纳构建的法官效用函数,分析了我国法官廉洁保障制度在制度设计方面应当关注的激励因素,认为应当通过对作为理性人和经济人的法官最大化的效用进行实证分析,并结合我国实际情况,弄清在我国特定经济文化条件下,针对影响法官进行行为选择的激励因素来设计相关制度,才可能有效遏制法官腐败,保持法官廉洁。

Economic Analysis of the Guarantee System of Judges' Probity

This paper applies the theory of economic analytic law, and draws references from the effectiveness function of judges which constructed by Richard A.Posner.To analyze the stimulus factor which should be deeply concerned in the respect of designing judges' honest and clean security system in our country.As a rational pesson as well as a economic person,a judge of greatest effectives should be analyzed according to authentic proof together with our country's actual situation and finally find out that under the special economy and culture condition of our country,and in view of the stimulus factor which affect the judge to conduct his behavior choice to design concerned system.Only in this way can it be possible to contain the corruption of judges and keep them honest and clean effectively.