Law And Economics Analysis Of Tort Law

With the introduction of theory of Law and Economics,the theory can overcome the shortcomings of traditional qualitative analysis,and creats a new method of quantitative analysis. Firstly, The introduction of new methodthe theory levys an impact on the traditional legal theory,and the impact of department law is more significant, so tort law are the most affected.This thesis is based on the Economic Analysis of tort law. By comparaing the difference between analysis of law and economics and traditional analysis, the papser can illustrate advantages of law and economics to develop the traditional theory. Secondly, by the analysis, we can have a deepen understanding of relevant theories of tort law.This article is about forty-seven thousand words, divided into three parts.The first part of the thesis ia about the basic theory of law and economics, so as to provide theoretical support the following content. One of the subject is about the properties of law and economics, the other of the subject is to describe the historical development of law and economics. This section focuses on the overall description for the law and economics.The second part of the paper discusses the basic theory of economic analysis of tort law.The part is divided into four parts. The first part has a disscussion on the methodology of law and economics , and analyzes the similarities and differences of individualism between economics and of law and economics. Secondly, Description the realtions between philosophy and law and economics, study the relationship between tort law and interests, tort law and economics, tort law and justice. Thirdly, discussion of the economic analysis of tort law based on economics.Proposes the concept, causes,cntent of transaction costs.Finally, discussion on the historical development of tort law's economic analysis. Introduction and evaluation of Coase, Calabresi and Posner's theory of the subject.The third part focuses on the usefulness of theory of economic analysis of tort law.It can be Divided into four parts. first, compare the concept of the traditional theory of tort and that under law and economics; Second, The tort law under the tort theory of law and economics is more emphasis on the function of prevention; again, the fault definition for the tort law under economic analysis. In this part, the theory of subjective fault and objective fault will be introduced, and draws a conclusion—under the law and economics theory ,the fault of the law is an objective wrong ; then introduced the method for fault of law and Economics.Then,the paper has a discussion on the traditional civil law and common law legal theory for fault recognized standards, including the introduction of neighbors of the common law test and the reasonable person standard theory of the introduction, while introducing the theory of how to recognize fault under the method Hand Formula, including the Definition and evolution of the formula. Finally, has a description on the principle of the fault liability for legal and economic analysis, with the accident can be prevented by the side of effective care and both effective cares.For the former case, it can be divided into three parts:the best prevention standards lower than the best standards to prevent the plaintiff and the defendant than the best standard, standard higher than the best standard of the plaintiff and the defendant below the best standardgood standard;the standard of the best standards of the plaintiff and the defendant less than the best standard;the third situation in which the plaintiff 's cost is lower than that of defendant and the plaintiff's cost is higher than that of defendant, with the latter situation mainly be studied by constructing a static game and dynamic game matrixThe methods of this paper are theoretical research method and empirical research.The former includes the comparative study, historical research; the latter includes cost-benefit analysis and game analysis.