Applied Research, Economic Analysis Of Tort Liability Recognized

Since 1960s, the Economic Analysis Method (EAM) has been introduced into the law area, especially in Tort Law. According to "Economic Analysis of Law", which is written by Richard A. Posner, it shows the extensive effect on using the EAM in Property Law, Contract Law and Tort Law. With this understanding, the academic subject -- Law and Economics, is rising with integration of legal and economic theories. In this regard, some of the researches of Law and Economics have been introduced in China's theoretical area. However, as mainly focusing on the legislation area, the Law and Economics research is stagnated in the theoretical level and lack of practical significance. In judicial practice, when facing the rapid economic development accompany with the industrial accidents and injuries, and facing the awakening awareness of the right protection from the people, the statute law and regulations are lagged behind. Therefore, we need the legal practice to break through the statute law clauses and regulations, harmonize the academic theories into practice, to resolve actual problems. The paper will do some theoretical researches on the EAM in Tort Law. Base on the research, I might analyze the feasibility and necessity of adopting the EAM into judicial practices. Meanwhile, with the cases study, I might illuminate how to introduce the EAM into the Tort Law, within the issues of the liability principles, special tort liability, the determination of compensations etc.The paper is divided into four sections. The first section is theoretical research. I will define the significance of introducing the EAM into the Tort Law, with analyzing the theory of EAM, and its feasibility and necessity. In the second section, I will analyze and interpret the liability principles in the...