The Unauthorized Disposition And The Explore Of Related Regulations In The Aspect Of Economic Analysis

Unauthorized Disposition is a complex legal issue, not only it involves unauthorizeddispositioner with a third person bur also entitled to with the original owners, civil legalrelationship between original owner and third person, and important theoretical issues related toproperty rights changes. To resolve legal issues triggered by Unauthorized Disposition, it isnecessary to delve into General Principles Civil Law, Property Law, creditor’s rights law, TortLiability Act the relevant theoretical issues, but also need to explore legal act, movable tenuresystem, real estate registration system, the contracts system, damages the system, system unjustenrichment and management system civil law system, relevant theoretical issues. Unauthorizeddispositioner arising from legal relations, this article will be economic analysis to the lawperspective analysis of Unauthorized Disposition. Is generally believed that economic analysis tothe law is study of dialectical relationship law and the economy, law and market economy systemand microeconomics three angles, from utility point of view microeconomics, Property formalismproperty rights changes in the material the use and circulation reached the extreme, to resolvelegal issues brought about by the Unauthorized Disposition change property right of, isundoubtedly in the same time solve a legal problem and thus generate more legal issues. From thenetwork method trading the economic analysis to the law Unauthorized Disposition as unrest inmarket transactions, the law should minimize the behavior in rules set up process of economicalanalysis.Improvement perspective of costs risks and the law of rational behavior, in existing propertyright of seek unauthorized disposition of legal issues, namely, by the unauthorized dispositioner,the economic analysis in different circumstances utility analysis, thinking the unauthorizeddisposition contracts entered into effect. From the perspective of social science research,legislators can not pass a law making to eliminate the phenomenon of law, even through theconfiscation of the proceeds of the disposition have unauthorized dispositioner, it is impossible tocompletely eliminate the occurrence of unauthorized disposition, law and economics to the lawwe do not difficult to find, if every unauthorized dispositioner in decision-making in accordancewith the cost-benefit analysis to determine their income, then the rules make no profit to be found,it can reduce the occurrence of unauthorized disposition, resulting in a more stable and secure market trading environment.Firstly, by introducing the unauthorized disposition of the basic theory and economicanalysis to the law’s methods, the unauthorized disposition definition of the unauthorizeddisposition constitute the elements of the form to determine its scope, and then use the method ofeconomics unauthorized disposition’s classification.Secondly, the unauthorized disposition of economic analysis model assumes that thebehavior of the disposition made under different circumstances, the unauthorized disposition toclassify have unauthorized dispositioner with the original owners of the legal relationship thebasis of the unauthorized disposition breakdown of the right disposition and no right to theunauthorized disposition. To analyze decision-making of the unauthorized dispositioner, we findthe unauthorized dispositioner under different circumstances to face the costs and benefits ofdifferences. Therefore, the economic analysis to the law of self-interest and altruism rationalstandard, analyzed separately for different categories of right disposition, in order to obtain theunauthorized disposition to choose the motivation and anticipated benefits.Finally, under the existing legal regime through the pursuit of different value of the methodwere compared in this paper that the contract entered into by our country "contract law" under theright disposition and should be effective, so as to meet the cultural needs of socio-economic,unauthorized dispositioner the proceeds of disposition of the restitution of unjust enrichment reliefreturned to the original owner, the unauthorized dispositioner in this way from the source toprevent the unauthorized disposition of the interests of the source, original also inspire all of itswidely applicable to the use of objects, socio-economic protection of the trade order, improve theefficient use of limited resources, to some extent, eased the tension part of the supply of resources.