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Economic Analysis of Law Damages

Author: JiangShouHui
Tutor: SangBenQian
School: Shandong University
Course: Legal Theory
Keywords: Tort Damages Economic Analysis Coase Theorem
CLC: D913
Type: Master's thesis
Year: 2010
Downloads: 127
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Abstract

This thesis focuses on the existing law system damages analysis , the research background lies with the economics perspective view existing tort system , method is to use game theory to explain the forward thinking ideas , coupled with simplistic Hand formula , and , along with the existing liability insurance and the social security system of the external cost environment, re-interpretation of the existing law of damages . I believe that the law of damages should focus on preventing damage to magnify and reduce social costs , therefore , you need to generate the most benefits on the motivation of the Department . And , damages the system should not be confined to tort , but a combination of the existing liability insurance system and social security system , which together constitute the existing damages Law system . From a certain perspective, the tort system is a social cost of waste , tort law can not bring a little bit of social benefits , it is only against the person in compensation between the victim and the distribution of wealth , however, in which the game costs and loss costs and the cost of rent-seeking , but invisible to society in a loss. Another point of view , due to some infringement incidents inevitably occur, but , if we adopt certain social incentives, but it is to reduce the incidence of accidents , thus reducing social costs. Economic analysis of law are not intended to teach you need to do, but gave an analytical , and thus determine what social system is more appropriate , thus , we can assume that , after the economic analysis of law configuring social resources , often easy to reduce the cost of loss of the entire community , so by this Act for damages to study , basically the existing tort liability system as well as other damages system has a more intuitive understanding and evaluation . The author in applied economics tools to draw some basic economic tools simple conclusions , and the complexity of the system, as well as damages in the changing social environment , we have to keep at the legislative level and supplemented by a variety of factors to consider appropriate economic analysis in order to come up with a more appropriate damages law system .

Economic Analysis of Law Damages

Abstract

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