油污生态损害救济的规则选择——基于“卡-梅框架”展开的分析
发布时间：2018-09-14 06:57
【摘要】：法经济学中的"卡-梅框架"以法律规则的效果模式为研究视角,为油污生态损害的法律救济提供了关于规则选择与效率比较的分析框架。从这一理论出发,可以从"道德风险"与"风险厌恶"的角度解释建立、健全油污防治法律规则的必要性。通过案例研究发现,"卡-梅框架"下的各种规则有其内在的区分逻辑、适用场合与社会成本。因此,应当以评估油污事故风险的难易程度为区分依据,在事前监管阶段运用禁易规则和管制规则,在事后惩戒阶段适用责任规则和财产规则。同时,降低油污生态损害的估价成本,明确油气企业的环境义务与法律责任,充分发挥"卡-梅框架"的最大效用。
[Abstract]:From the perspective of the effect model of legal rules, the "Kar-Mei Framework" in law and economics provides an analytical framework for the legal relief of oil pollution ecological damage by comparing the choice of rules with the comparison of efficiency. Based on this theory, the necessity of establishing and perfecting the legal rules of oil pollution prevention and control can be explained from the angle of moral hazard and risk aversion. Through the case study, it is found that the rules under the "Cartesian Framework" have their intrinsic distinguishing logic, applicable situation and social cost. Therefore, it is necessary to distinguish the degree of difficulty in assessing the risk of oil pollution accident, to apply the rules of prohibition and control in the stage of prior supervision, and to apply the rules of responsibility and property in the stage of punishment afterwards. At the same time, the evaluation cost of oil pollution ecological damage should be reduced, the environmental obligations and legal responsibilities of oil and gas enterprises should be clarified, and the maximum utility of "Kar-Mei frame" should be brought into full play.
【作者单位】： 重庆大学;重庆大学法学院;
【分类号】：D996.9;D922.68
，
本文编号：2241902
[Abstract]:From the perspective of the effect model of legal rules, the "Kar-Mei Framework" in law and economics provides an analytical framework for the legal relief of oil pollution ecological damage by comparing the choice of rules with the comparison of efficiency. Based on this theory, the necessity of establishing and perfecting the legal rules of oil pollution prevention and control can be explained from the angle of moral hazard and risk aversion. Through the case study, it is found that the rules under the "Cartesian Framework" have their intrinsic distinguishing logic, applicable situation and social cost. Therefore, it is necessary to distinguish the degree of difficulty in assessing the risk of oil pollution accident, to apply the rules of prohibition and control in the stage of prior supervision, and to apply the rules of responsibility and property in the stage of punishment afterwards. At the same time, the evaluation cost of oil pollution ecological damage should be reduced, the environmental obligations and legal responsibilities of oil and gas enterprises should be clarified, and the maximum utility of "Kar-Mei frame" should be brought into full play.
【作者单位】： 重庆大学;重庆大学法学院;
【分类号】：D996.9;D922.68
，
本文编号：2241902
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