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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。
By using the theory of economic analysis jurisprudence and the judge’s utility function built by Posner, this paper analyzes the motivation factors that should be paid attention to in the system design of the system of honest administration of judges in our country. I think it should be through maximizing the effectiveness of judges as rational people and economic people Based on the empirical analysis and the actual situation in our country, we can find out that it is possible to curb the corruption of judges and keep the integrity of judges under the conditions of China’s specific economic and cultural conditions and to design the relevant system in light of the motivating factors that affect judges’ choice of conduct.