Economic Analysis On Principia Of Liability Of Western Tort Law

The economics of the law builds an explanative framework of tort imputationprinciple, and based on the specific scope of application of various imputationprinciple. The economics of the law through the economic analysis of tort liabilityimputation principle, thus revealing the incentive effect of fault liability principle andstrict liability principle in all circumstances. Since the nineteen sixties, Coase,Calabresi, Posner, Steven Xavier. Method of economists, the economic analysis andexplanation of the principle of liability of tort, and achieved fruitful results. Kos theKos theorem, laid the foundation of economic analysis of tort imputation principle,Calabresi and built a new, effective treatment accident tort law system, master of lawand economics to Posner on the basis of summarizing forefathers, the economicanalysis on tort imputation principle is summarized and the innovation, and putforward many forward-looking views. Since the80’s, with the widely spread of lawand economics, many economists, jurists in China began to positive understanding oflaw and economics, dominated by Suli, Feng Yujun, Zhou Linbin, sang Benqian, FengZhijun scholar, start with economics to analyze the principle of liability of tort, putsforward the construction of large view.Tort imputation principle in China is relativelybackward, we should be in the foundation of absorbing western advanced tortimputation principle of economic analysis, combined with China’s specific nationalconditions, development and perfection of tort imputation principle in china.The first part of the article, introduced the western economics of law of tortimputation principle, and analyzes the theoretical basis and system basis of itsproduction, briefly introduces the representative since the nineteen sixties Western tortimputation principle and main economic analysis made it.The second part of the article, introduced the main and representativeachievements of Western tort imputation principle since the nineteen sixties.Thefourth chapter analyzes Kos’s theorem, first pointed out that if the transaction cost iszero, the two sides can reach a compensation agreement through consultation, so as toachieve the Pareto optimality, then put forward the concept of social cost internalization, namely through the use of the responsibility, because of hightransaction cost caused by externality internalization;The fifth chapter analyzes theaccident cost and Calabresi’s rule system, Calabresi analyze under what circumstancesshould adopt the principle of responsibility to protect the legal rights of us, andCalabresi believes that as a general standard, strict liability with respect to the faultliability is more efficient, if the invasion behavior is able to lower the cost of to avoidthe damage location, shall be applicable to strict liability for the losses; The sixthchapter analyzes Posner’s theory of economic analysis, Posner did not agree withBentham’s "utility maximization" proposed "the wealth maximization" theory, that theefficiency is the tort law should be the pursuit of value, for his negligence and strictliability was distinguished, unlike Cara Bracey, Posner that "effective use the tort ofnegligence theory can not only promote the resources, also applies to the originalsituation of strict liability". The seventh chapter introduces other economists mainlySteven Xavier (Steven Shavell) research results, based on their other economists oftort imputation principle to do the development and supplement of good.The third part of the article, introduced since the nineteen sixties tort imputationprinciple of economic analysis results of the impact and evaluation. First points outthe analysis of the effect on the west of the Western tort imputation principle ofeconomic, then analyzes the impact of Chinese tort imputation principle theory,finally, also introduced the influence on Chinese judicial practice and on theconstruction of China’s tort law inspiration and significance.