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Legal And Economic Analysis On The Imputation Principle Of Tort Liability Law

Posted on:2018-12-28Degree:MasterType:Thesis
Country:ChinaCandidate:D LiuFull Text:PDF
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The compilation of our civil code is in full swing,and the tort law as a part of civil law has been widely concerned.As the name suggests,the focus of tort law is the distribution and commitment of tort liability,and the principle of attribution is the basis of responsibility distribution,but also one of the focus of scholars.Moreover,the increasingly frequent infringement,also called on China to introduce a more complete,more operational principles of imputation.Therefore,the use of legal theory of tort liability for the principle of imputation,I think it is still very necessary.Law and economics is a new discipline formed by the intersection of economics and law.In other countries,research has become more mature,but it has not formed a perfect theoretical system in China.This paper attempts to analyze the principle of imputation of tort liability from the angle of law and economics,and put forward some unfettered suggestions,hoping to contribute to the construction of law and economics in our country.For the principle of liability for tort liability,there are dualistic and ternary theories.This paper adopts the dualistic theory,and uses the methods of cost-benefit analysis,game theory and marginal analysis in economics,and discusses the principle of imputation of tort liability.This paper is divided into five parts:The first part is the introduction,mainly about why the introduction of law and economics to analyze the principle of liability for tort liability and the status quo at home and abroad,including the introduction of legal economics,including legal and economic analysis of the principle of imputation The necessity and the advantages of legal and economic analysis.The second part is a brief introduction to the theory of law and economics,including its theoretical basis and the main research methods,lay the foundation for further analysis below.The third part analyzes the principle of fault liability from the aspects of unilateral accident(the probability of occurrence of accident only and the level of attention of one party)and the accident of both parties(the probability of occurrence of accident is affected by the level of attention of both parties),such as cost-benefit analysis and game theory,Two cases are described,and the introduction of the Hand formula as the main research basis,and finally relax the behavior level hypothesis.The fourth part of the principle of no fault liability to elaborate,but also divided into unilateral accidents and the two sides of the accident two cases.The last part is the combination of the previous part of the analysis of the principle of imputation in China.This paper puts forward some problems existing in the judicial practice of our country,and puts forward some perfect measures,such as the establishment of fault standard and the perfection of product liability principle.
Keywords/Search Tags:the principle of fault liability, strict liability principle, analysis of law and economics
PDF Full Text Request
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