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双方合作博弈所证明的最佳行为策略是“一报还一报”。这种具备合作与惩罚的善良策略也符合最基本意义上的公平。从这个角度看,司法的本质就是公平的第三方惩罚或裁判,是“一报还一报”的高级版本,是人类合作公平的体现。本文尝试从司法产生的情境基础进行研究,首先探讨“双方合作博弈”的情境,推导出双方博弈的最佳策略模式是“一报还一报”。其次,进而推导出“第三方裁判”是大规模合作博弈的最佳或较优的群体策略,是“一报还一报”的升级版。最后,对于“第三方裁判”在实践中可能出现的最重要的缺陷进行研究,并探讨对该缺陷的解决方式——重返“一报还一报”的惩罚、监督或制衡。
The best behavioral strategy proved by the cooperation game between the two parties is “one report one after another newspaper”. This kind of good strategy of cooperation and punishment is also in line with the most basic sense of fairness. Judging from this point of view, the essence of the judiciary is fair third-party punishment or adjudication. It is a high-level version of “one man, one man and one man of the world.” It is a fair manifestation of human cooperation. This paper attempts to study from the context of the judicial situation, first of all to explore the situation of “cooperation game between both parties”, and deduces the best tactics of the game between the two parties. Secondly, it is deduced that the “third party adjudication” is the best or better group strategy of large-scale cooperative game, which is an upgraded version of “one newspaper, one newspaper and one newspaper”. Finally, we study the most important defects that “third-party judge” may encounter in practice and discuss the punishment, supervision or check-and-balance of the solution to the defect .