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Economic Analysis Of Household Law

Posted on:2008-10-29Degree:MasterType:Thesis
Country:ChinaCandidate:X S FeiFull Text:PDF
GTID:2166360215969786Subject:Political economy
Abstract/Summary:PDF Full Text Request
Marriage household law relates to the law system about marriage household and law relation as well as law phenomenon, regulating arise and termination of marriage household, procreant right and compulsory law rule around it. The scientific viewpoint and method is demanded to research on marriage household law.Presently it has already formed basic research mode and theory framework by the several decades after liberation, but the present state is not satisfied because of the deficiency in study tradition and the menology of research method as well as deficient analysis from economic point of view. Necessary breakthrough in research means for deep evolution is necessary.Any contract is imperfect, attributed to human finite sense,the complexity of outside environment and uncertainty of future as well as info asymmetry. Professor Chengang Xu of London economic college who enlightened from incomplete contract puts forward incomplete law theory .Furthermore, he points out that the law is a social contract among individuals,corporation. laws and the whole civil as well as many generations instead of several people and a generation, so law is not mature in nature.Law is not mature in nature, and so is marriage household law. Residual rights are distributed among courts, governments and autonomy organizations by analyzing cost income. My conclusion involves various aspects, including residual rights transferred to autonomy organizations under the condition of fall victims who have not been prosecuted into severe impair behavior, residual rights transferred to government and police when certain impair behavior or definite prosecution happen and the residual rights ,delivered to courtroom as fall victim party put up prosecution .The paper follows the above purpose. The first charter introduces marriage household law and research status quo. The Present analysis demonstrate the necessity from another economic point of view which leads to the secondly charter the incomplete theory .What is more, the thirdly charter sets out inadequate household law according to incomplete theory and distributes residual rights among different department under the circumstance of incomplete household law. On the basis of prior several charters and implement analysis, the fourth charter advances the suggestion to innovate marriage household law at the arising problem in our country marriage household law.
Keywords/Search Tags:Marriage Household Law, Incomplete Contract, Incomplete Law, Residual Rights
PDF Full Text Request
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