The Economic Analysis Of Optimal Standardization

Optimal standardization as a basic principles of the civil law countries legislation, because of its carrying value and its the big impact in the society, lawmakers have been favored and praise highly. But in recent years, along with the economic analysis methodology was introduced to the analysis of the law in future, this principle has received the unprecedented attack, it not only limits the autonomy of the parties, but also hindered the progress of the society. Therefore, how to respond to questions on the doctrine of numerous economics, safeguard enduring the old system, it is an important thing. Based on the above reasons, this paper also start from the angle of economics, according to asked questions, analyze problems, to solve the problem, try to use the method of economics, analyzes the efficiency on the doctrine of numerous, at the same time complementary with other basic value of the consideration, to demonstrate the rationality and validity of optimal standardization legal system.In this paper, a total of three chapters, the article structure are briefly introduced as follows:The first part:The connotation of the principle of Optimal standardization. Historical investigation based on the doctrine of numerus, clarify the connotation of property rights legal principle and draw out the theme of the article. Are introduced on the basis of this, on the one hand, the legitimacy of property rights legal principle basis, on the other hand also summarized the present situation of the economic analysis analyzed the doctrine of numerus. Real right legal as a system, it is necessary through the efficiency of the basic value of inspection.The second part:The cost of the optimal standardization analysis. In this section, the author will first coase theorem of the concept is introduced into the analysis of real right legal economics, pointed out that using the method of economic analysis of law concept, the need to focus on treatment of the problem. On this basis, the concept of the author and their opposition to the doctrine of numerus of real freedom involved cost is divided into two categories:eight small classes, comparison and analysis of two systems under the optimal number of real right, the size of the required cost, thus to conclude that which system is more efficient.The last part:The reflection of economic analysis of law. In this part, the author reflections on method of economic analysis, and points out the limitations of this approach, mainly depends on the value of the two disciplines targets, research methods, but also because of economics itself also has the undistributed, so a law problem in study, and not just rely on economic analysis of the results and conclusions, should also be combined with other basic values, such as freedom, justice, solidarity, etc, to make a whole evaluation on the doctrine of numerus...