当合同的内容脱离了当事人的意思表示而由法官利用经济学原理确定时,这无疑将加大交易成本和司法成本。当法官惯于用价格构成理论解决所有权归属纠纷时,从经济领域中逐渐消失的计划经济幽灵可能就会游荡到法庭上来。 When the contents of the contract deviate from the meaning of the parties expressed by the judge using the principle of economics to determine, which will undoubtedly increase transaction costs and judicial costs. When the judge is accustomed to using the price formation theory to solve ownership disputes, the ghost of a planned economy that gradually disappears from the economic sphere may wander into court.