Rules Of Protection Of Entitlements

By economical and comparative analysis methods, this dissertation makes a study on the issues that whom to entitle and how to protect their entitlements. Basing on the introduction of property rules, liability rules and inalienability rules proposed by Guido Calabresi and A. Douglas Melamed, this dissertation compares these rules with some related legal systems in China. And it also focuses on the legal and social practice, and explores the use for reference of the rules of protection of entitlements to China in the end.This dissertation proceeds as follows: introduction, text and conclusion. As for the text, it consists of four chapters.Chapter one is about the arising of rules of protection of entitlements. Basing on the definition of entitlements in law economics and on the analysis of the reason of the conflict of entitlements, it sets forth the rules of deciding whom to entitle and the rules of protection of entitlements.Chapter two discusses the choice among the rules of protection of entitlements. It sets out six schemes for allocation of rights under the rules of protection of entitlements. And on reviewing the various doctrines as to the choice among the rules, it outlines the author's standpoint. In the same way, It discusses the application principles of inalienability rules.Chapter three makes a study on the rules of protection of entitlements under comparative analysis. It expatiates on the differences between property rule and right of real claim, and between liability rule and claim for damages, and further discusses the meanings of property rules and liability rules.Chapter four is about the use for reference of rules of protection of entitlements. It discusses the possibility of applying the rules of protection of entitlements in China from four aspects, namely the eminent domain, the protection of copyright, necessity and prostitution for poor relief.