The Law And Economics Analysis Of Human Body Indemnity

The human body indemnity is the subject of civil rights to life, health, body are aggrieved resulting in injury, disability, death and other consequences of damage, property compensation of the infringer is required for relief and protection of the tort law system. The exposure of milk scandal, the frequent occurrence of mine accidents, and the controversy on "life with price", the human body indemnity compensation are so down to the common people from the legal theory on to the focus of attention. Since 1986 "civil law" was promulgated, the past two decades along with the progress of the legal system, the accumulation of legislative experience, legislative technology matures the human body indemnity system in china has gone through the establishment, development, and gradual improvement. Due to lack and lag of the provisions for human body indemnity compensation of "civil law", after a single law, administrative regulations and judicial interpretations trying to make up for this deficiency, and yet brought out some problems like the legal system is not complete, the law conflicting provisions, compensation programs and compensation standards are not uniform and so on.Currently, most legal scholars professional background research on these issues, mainly use abstract analysis include rights, obligations, fairness, justice, research how to give the legal remedies for consequences of human body indemnity, emphasizing the shared responsibility afterwards. The author believes that the personal rights are often irreplaceable, once damaged it is difficult to receive full restitution, therefore, the research on human body indemnity should break through the traditional "post-remedial" research ideas, but should emphasize the law's "pre- prevention "function, to avoid the occurrence of the behavior of interest in assault. In this paper, through the assumption of rational economic man in economics, the cost-benefit analysis, the externalities, and other tools to analyze the personal responsibility principle of human body indemnity, the calculation of damages, and specific problems in some fields, interpreted the significance of implementation of " tort law " on improvement of human body indemnity compensation system and pointed out the problems which have yet to be clear. This roughly as follows:First of all, the paper explains the meaning of the human body indemnity and the composition of three elements of responsibility principle.Secondly, this article introduces the most important tools in the law and economics analysis - Hand formula, use basic ideas in Hand formula prevention to compare the prevention costs and the expected cost to analyze the incentive of fault liability principle and strict liability principle, and compare their efficiency; in the calculation of damages, the punitive damages can modified the incentive of prevent potential infringers; use calculus method calculate punitive damages which can get minimum social costs .Again, two specific areas in product and industrial accidents liability were analyzed. This chapter studies the conflicts between product liability and limitation of strict liability principle by cases; through the comparison on compensation mechanism between domestic and foreign mine accidents to give advices in china mine disaster compensation mechanism.Finally, the problems of the human body indemnity system were analyzed. pointed out the significance of" tort law "in these three areas like the uniform application of the law, the interpretation on nature of compensation for death, the introduction of punitive damages.