The Law And Economics Analysis Of Human Body Indemnity

As the democracy and legal system construction of our country continues to improve and perfect, the legal knowledge and the Legal concept of citizens improves universal, more and more citizens rely on the legal to protect their legitimate rights and interests. Various types of civil cases also showed an upward trend, the human body indemnity cases are particularly typical.But currently the human body indemnity system of our country exists some serious problems, such as the system disorder ,conflict of laws, disunity of indemnification principles, items and calculation methods. Tough the Supreme People's Court released in 2003 Concerning Human Body Indemnity Compensation Case Interpretations Of Some Problems Of Law Application to make the harmonious effort to solve the above-mentioned Problem, owing to the complexity and the imperfection of the theories research of the Human body indemnity problem, as well as the release of the interpretation in a rush, this did not make original existent problem resolved, and instead made some new subject required to be discussed.Regarding this, the author tries to use the basic theory of the economics of law to analyze the economy of the human body indemnity and the existing standards of indemnity, for the analysis of how to resolve this issue fairly and justly. Through the application of the economics of law' optimal prevention theory, the author analyzes the concept and the scope of the human body indemnity, the amount of damages, uses the law and economics point to put forward some legislative proposals, such as perfect the human body indemnity laws, lower legal costs, increase scope of compensation, higher-than-expected loss of tort costs and a unified standard of compensation and so on.First of all, this text focuses on some basic theoretical issues of the human body indemnity and the economics of law, the definition of the human body indemnity is an important issue, and only know that we can be further confirm whether the use of economics to analyze and how to analyze. In this paper, first of all introduces the connotation of the human body indemnity system , and analyzes China's department law about the specific physical damages provisions, then introduces some theory used in Law and Economics and some analysis methods, and proposes the feasibility of the economics analysis of the human body indemnity.Secondly, this text uses the economic theory to analyze the physical damages specifically. The law about the human body indemnity in our country more and more sound, it is a historical progress, that has great significance for the protection of human rights and settlement of the human body indemnity. However, the use efficiency and the compensation amount of the human body indemnity is still insufficient. The authors puts forward a bold increase in the scope of punitive damages in this project, in order to better deter potential perpetrators and determine the amount of compensation from another angle of analysis, attempts to provide a new idea to solve the problem.Finally, the author points out some imperfections of current human body indemnity system in our country by analyzing and put forward the counter methods of PerfectionThrough research the above-mentioned problem, the author seeks to set up a system of the human body indemnity in line with our country practice. We want to makes the interests of the victim can be able to safeguard effectively, achieve the fairness and justice of the law, and maintain the harmonious development of society ultimately.