Study On The Administrative Tort Liability System

Administrative tort liability is the legal responsibility, which the agency should burden for its illegal administrative act that leads to the loss of parteners. However, special research on that is very scarce, and the present method is also very single. This article is on the economic analysis of this topic systematically.Chapter one is the foundation of the whole text. On the basic assumptions of economic analysis, the study on administrative law should be laid on the basis of" rational person", and the institution design should "de-compel"and promote or guide those efficient actions in law.Chapter two firstly discusses the economics in tort, on the basis of "Hand Formula" and the principle of utility mutuality .The author points out that the initial function of administrative tort liability system is to encourage to solve the current dispute and prevent future trouble efficiently, in order to minimumize the social cost. Therefore, the relative institutions must be designed to satisfy the encouragement compatible principle.Chapter three is on the economic analysis of three principles in deciding who should be liable for tort: negligence principle, the principle of breaking law and strict liability. On the basis of the objectified negligence, the writer put forward that the principle of breaking law is not distinct from the negligence principle essentially, and it is the further development of negligence principle.Chapter four mainly discusses the causation of administrative tort liability. Based on the utility mutuality, the essence of causation is the utility mutual dependence on each other. Deliberately or negligently, tort compels someone to burden the cost of other's acts. In a sense, the" But for causation" is efficient, but its low efficiency performance should not be neglected. On the basis of the objectified negligence, the conversion from causation to negligence may be more efficient than before.