疑难案件如何处理向来是个司法难题,古今司法通行的解决疑难案件的潜规则是“四六分问”及其变种,而“海瑞定理”和“举证责任分配规则”两种显规则却被虚置了,原因在于,这些处理疑难案件的显规则忽视了判决的社会效用应当包含判决对官员带来的个人效用,而裁判者的判决成本与判决的社会效用正相关。疑难案件判决的经济学目标是要实现判决的信息费用与错判损失之和的最小化,与“四六分问”和“举证责任分配规则”相比,“海瑞定理”在解决疑难案件上并没有优势,采用“折中裁判”解决疑难案件,符合判决的经济学逻辑。在此基础上,经过分步运算,可以得出现代司法处理疑难案件的九条“取中法则”。 How to deal with difficult cases has always been a judicial problem, the unspoken rules of ancient and modern judicial solution to difficult cases are “Four Sixteen Question ” and its variants, and “” and “Rules of Surpluses ” The obvious rules are vague because these explicit rules that deal with difficult cases ignore the social utility of the judgment as including the personal utility that the judgment brings to the official and the cost of the adjudicator’s judgment is positively related to the social utility of the judgment. The economic goal of the difficult case judgment is to minimize the sum of the information costs of the judgment and the misjudgment loss. Compared with “Four Sixth Question ” and “Proof of Liability Distribution Rules ”, “ ”There is no advantage in resolving difficult cases, using “ compromise referee ”to solve difficult cases, in line with the economic logic of the verdict. On this basis, through the step-by-step calculation, we can get nine “law of taking the points” in handling difficult cases in modern jurisdictions.