Law And Economics Analysis Of Safety Investment And Accidentresponsibility

Production safety is a special filed with professional skills, involving social production with its own unique inherent law. Only the legal system corresponding to its inherent law can effectively plays its contributive role.The first chapter of the article carries a brief on safety relativity and optimal degree of safety from the angle of safety science, and illustrates the method for determining the best safety investment by economics marginal analysis method. Then, standing in the perspective of law historical objectivity, the writer points out that laws on provisions of the safety investment should comply with the safety inherent economic law. Meanwhile, the article also clarifies the rationality of enterprise being a legal undertaker for safe investment from the uniqueness, the feasibility and efficiency of safety investment.The second chapter of the article points out that security accident has turned the simple "accident" into a serious social problem, and illustrates the importance on introducing legal principles into safety accident responsibility.。This chapter summarizes legal principle on the accident responsibility according to safety accident responsibility of different levels of enterprise and employees. And it also gives a brief introduction on two kinds of liability principle tendency on the economics law application of safety accident.The third chapter of the article establishes the game model of the safety accident responsibility by necessary assumptions. Analyze and compares the six kinds of responsibility principle of strict enterprise liability principle, strict enterprise liability principle and employee negligence principle, enterprise principle of fault liability, employee fault liability principle, employee and enterprise fault principle of strict liability, strict employee liability principle. And it also discusses legal fairness of principle of strict enterprise liability and employee negligence.The fourth chapter of the article introduces the government regulation and legal norm to game of enterprise and employee, and analyzes the effective legal norms, the selection of government regulation game strategy for both sides, and impact on accident liability principle of choice. Puts forward the problems of legal norms and government regulation, and discusses the transformation problem of employee’s the illegal cost.The last part of the article expounds the legal system status quo of safety input and accident liability principle as well as its deficiencies, and puts forward some legislative suggestions.