Xiong Bingyuan
(Law and Economics Research Center， Zhejiang University)
Abstract: While legal scholars often examine issues from the perspective of procedural justice and substantive justice, the present article attempts to employ the concepts of “quality” and “quantity” to study legal issues. The main findings can be summarized as follows: law can be viewed as rules, and rules can be viewed as tools. Legal issues can often be analyzed fruitfully from the perspective of “quality” and “quantity”. The article has put forward the “three-step structure” to clarify the relationship between “quality” and “quantity”. It provides a description of the law and suggests a benchmark for law making. Furthermore, the “three step structure” can be explained by the cost benefit analysis.
Key Words: Quality; Quantity; Criminal Procedure Law; Economic Analysis
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