Economic Analysis Of Tort Legislation

In this paper, some of the major proposed legislation infringing theoretical and practical significance, summed up the domestic and foreign scholars on the tort of research results.In this paper, the main chapter of the Economic Analysis of tort legislation, but also a central part of this article, first of all, from an economic point of view to analyze the characteristics of tort, liability and compensation. Specifically, the violations that cause harm to others of a dereliction of duty and the consequences of an act, the victim can not contract in advance for help to resolve the question of compensation; in a clear responsibility to use the classic formula of Hand , that is, considering the cost of prevention costs and the size of the relationship between the accident; the issue of compensation, we should take the principle of efficiency, that is, through the tort damages caused by the internalization of external damage to promote the prevention of attention to compliance with the statutory standards. Law and Economics and then use the basic research paradigm cost - benefit analysis methods, the cost-effectiveness of tort legislation listed 11, including the cost of legislation, law enforcement costs and judicial costs, the political effectiveness of economic and social benefits, to find ways to reduce costs to improve the efficiency, effectiveness, including legislation to establish awareness of, and optimize the allocation of resources legislation to strengthen legislative oversight to improve the operability of legislation. Finally, the use of law and economics paradigm of basic research, another analysis of supply and demand balance through the balance of supply and demand theory and the theory of research, to analyze the needs of tort legislation, supply and demand and supply balance. Theory of supply and demand analysis of a series of legal issues is an effective tool, it is the legal cost - benefit analysis basis. So-called legal supply means or the will of national authorities to carry out enforcement of the legislative, judicial, law enforcement activities such as a general term. The legal needs of the people refers to the subjective desire to buy the legal capacity and the objective is for the existing people and resources that have not yet set an affirmation of the legal requirements and practical acts. Tort legislation is a mandatory supply of acts of state, our country should also be taken to supply-based legislative infringement. State factors in considering the demands of the premise, to actively create conditions for the initiative, ahead of legislation, tort legislation to better play their role. Infringement of China's legislation, an urgent need to catch up, the control of China's national conditions, analysis of supply and demand legislation, tort legislation is unbalanced contradictions. Infringement of China's legislative mandate is needed and possible, between supply and demand balance.In this paper, the main chapter of the United States, Japan, Germany, an analysis of tort law study abroad through the analysis of the development of tort law, to sum up some experience, learn from a number of ways for our country. United States tort law has a history of 150 years, its development and legal scholars on the tort law is closely related to the study, can be roughly divided into three stages, from the mid-and late nineteenth century to the early twentieth century study of scientific theory, then, from the beginning of the twentieth century until the mid-twentieth century, empirical research, and then followed by a combination of theory and practice of the comprehensive study phase, in the process of continuous development has created a lot of research results, for example, many scholars of the book was the practical application of the judges to hear cases, and directly affects the decision, as well as researchers to become the judge directly. U.S. tort law in the development process are also a number of reforms, in order to achieve effective use of social resources, to maximize the goal of increasing social wealth, the U.S. tort reform should have been carried out. Origin of Tort Law in Japan can be divided into three parts, the first part of the basic principles of tort law provides general of Japan, China and France, the second part of the provisions for special sectors of the special law, the third part of the case. Case law and in particular for the support of the tort law system, contains a wealth of content. Japan through the doctrine of tort law-related research, you can learn more about the development of tort law in Japan the status quo, only the first Japanese scholar studies the principle of fault liability, and later by Europe and the United States began to study the impact of no-fault liability principle, which is dangerous work, the occurrence of dangerous goods Studies have damage liability, we find that the development of tort law in Japan and the Japanese economic and social development simultaneously, followed by Japanese scholars because of the pace of development of the times and put forward for Japan's social development theory of economics and ideas, thus the development of Japan always take the forefront in the world. Tort Law in Germany very well, there are many places where we should learn from. First of all, learn about the basic tort law in Germany, including the tort system, insurance, well established, the judge-made law can be. Published in Germany in 2002 "for damages relating to the amendment to the provisions of law the second law", in the establishment of non-material damage compensation system to increase the amount of damages in tort, the expansion of drug manufacturers and medical authorities the scope of responsibility and improve child position in a traffic accident, the custodian of motor vehicles to increase the responsibility of the virtual exclusion of damages and other aspects of the attempt to explore the rich. The importance of tort law reform, the social life of Germany has had a major impact on China's infringement of the legislation has a positive impact.Chapter III of this article, mainly through analyzing the current status of infringement of laws and regulations, find the flaws and loopholes, and to resolve existing problems, the infringement of China's legislature to make some suggestions and opinions. First understand the specific and violations of China's current laws and regulations relevant to the basic situation, as well as China's draft law on tort liability of the latest situation, and then for the problems of infringement on China's legislature to make a few suggestions, including tort law should be focus on the protection of human rights, people-oriented; also to China's Tort Liability Act established the principle of attribution of responsibility for the fault of no-fault liability and the unity of the general tort liability principles to take fault liability, special tort liability to adopt the principle of no-fault liability ; in the compensation system should follow the system of compensatory damages and punitive damages system, punitive damages to compensatory damages should be premised on the existence of severe penalties for serious violations, it can play a willful or malicious violations deterrent effect, the protection of legitimate rights and interests of victims and safeguard social justice; in addition to improving the social security system and liability insurance system, to promote our country's tort law and social insurance and social security, and other relief mechanisms to ensure the realization of their compensation.