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Law And Economics Interpretation On Property Rights Constitution

Posted on:2006-10-14Degree:MasterType:Thesis
Country:ChinaCandidate:F B XiangFull Text:PDF
GTID:2166360152485063Subject:Law
Abstract/Summary:PDF Full Text Request
The research method of this thesis used by the author is Law and Economics Analysis Method, which targets on unscrambling efficiency significance of Property Right Constitution from functional point. At first the author introduces basic theory assumption of Law and Economics in order to establish a theoretical foundation for analyzing Property Right Constitution. Then in Chapter 2, the author compares "Property Right" concept in Economics with that in Law with a purpose to distinguish the two different concepts which are always confused by our scholars, especially economists, which shows different views from Economics and law angles. In Chapter 3, with Law and Economics Analysis Method, the author analyzes different functional significances that different Property Right Constitutions brought to the society. While in Chapter 4, the author analyzes the great achievement of Property Right Numerus Claususin the past days and the realistic troubles facing it because Property Right Numerus Clausus is a common characteristic in various countries' Property Law System. Moreover, the functional significance and the insufficiency of Property Right Numerus Clausus brought to certain society are analyzed by the author from angle of efficiency with Law and Economics Analysis Method. Legislation suggestions of the author on the standpoint that China should adopt at this information epoch are also put forward in this Chapter. In Chapter 5, the author brings forwards his idea on how to design rules on Rights Allocation to fulfill their transfer under illumination of legal economist Calabresi' s idea, "different rules on Rights Allocation should be set up to match different types of rights and to promote their transfer according to different exchange cost. " In Chapter 6, the author explains the reason why Law and Economics Analysis Method has deep effect on interpreting legal rules, i.e. the theory assumption of Law and Economics Analysis Method has coherence to much degree with that in Law.
Keywords/Search Tags:Property Rights, Law and Economics, Exchange Cost, Efficiency
PDF Full Text Request
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