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In Tort Liability Law of Strict Liability Law and Economics Analysis

Author: XiongZuo
Tutor: XiongChunQuan
School: Jiangxi Normal University
Course: Legal Theory
Keywords: Law and Economics Imputation Principles Strict liability Economic Analysis
CLC: D913
Type: Master's thesis
Year: 2011
Downloads: 72
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Abstract


Law and economics is an important genre of the twentieth century Western Philosophy, based on the legal issues of legal theory and practice of the rule of law as a starting point, the use of economics (especially micro-economics, new institutional economics, welfare economics, public choice the formation of the theory), theoretical knowledge and analysis of the legal system, structure, process, effectiveness, efficiency, and the future development of the discipline. Specifically, the law and economics economics theory and analysis methods, and study a particular society's legal system, the legal relationship as well as the efficiency of the different legal rules, analysis of the formation of the law, the legal framework and the operation of the law as well as legal and legal system the economic impact. The main purpose of their research is only in the \Law and Economics premise of people assume that in order to maximize their own interests, and behavior choices have identity derived by constructing a cost - benefit analysis model analysis of the behavior of rational choice and rule of law: Economics. We are convinced that the behavior choice behavior choices and efficiency under the constraints of the rule of law under the same mechanism. In this way, we build the channels in the field of economics to analyze legal. The traditional Legal Studies that tort afterwards to make up mechanism, and its main function is to punish the infringement and compensate for the loss of the victims; tort law and economics analysis that prevention beforehand standard, the main incentive victimizers take effective measures to avoid the accident. The laws of economics that, under the assumption of the rational, the infringer losses caused to the victim essentially generate an external impact. Victimizers law by the provisions of infringement, is liable for damages obligations to internalize such external influences, this will motivate them to take effective preventive level to avoid accidents. Infringement of the principle of rule system in order to maximize the social benefits also will only require an effective prevention levels, in order to determine the legal obligations of potential infringers. The perpetrators know only their own behavior to meet the standards of effective prevention levels, be possible not legally liable incentive the victimizers to take effective measures to avoid the occurrence of accidents, so as to achieve the protection of the interests of potential victims. Law and economics is a new legal methodology, specific sectoral study. This approach provides us with an analysis of the structure, analysis of legal issues for us to provide a new way of thinking. China's tort liability law has just promulgated and implemented, the law and economics analysis method can provide a new perspective for the Construction and Improvement of the tort liability system, a great reference. Law and economics analysis methods, as long as we do not use economics as only evaluation principles to misuse, but rational use, it will open up a new channel for our legal research.

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