Research On The Application Of Economic Analysis Method In Tort

Tort law,as a relief law after rights been violated,plays an important role in protecting and compensating victims.Corrective justice theory has always occupied the mainstream status of tort theory research.The gains and losses generated between the offender and the victim are distributed according to the corrective justice to the resulting damage and compensation,so as to achieve legal justice.In contrast,the article systematically introduces the theory of economic analysis while giving an economic interpretation of tort damages,and is guided by the theory of wealth maximization,Pareto optimal standards,and rational choice theory in law and economics.Using individualistic methods,empirical analysis,normative analysis,cost and benefit analysis tools to establish economic analysis models for fault liability,strict liability,and exemption,and apply the above models in combination with realistic jurisprudence.Discuss economic analysis methods for compensation for tort damage in China In the mechanism,how to allocate the private costs caused by the infringement,and also analyze the impact of social costs.A good tort law can not only achieve a fair and reasonable distribution of private costs between the offender and the victim,but also minimize the social costs caused by this type of tort,so that both fairness and efficiency can be taken into account.