Comparative Analysis Of The Belongings Of The Law & Economics And The Chinese Traditional Law

As an emerging science, the law and economics is reforming each national legal regime supported by its unique economic methodology. The law and economics is considered as focal point because of its new sight and rigorous methodology. Therefore, the law and economics is such an important topic that its superiority comparing with Chinese tradition law and its accommodation in the present circumstance of the law.â… . The Law and Economics and the Chinese tradition lawThere are various view point of the definition of the Law and Economics. even itself has varied english names, the translations are also various. The main viewpoint of academia thought the Law and Economics is a subject which using the economic concept and the method to research legal matter, and to explore the economical logic of the law's backside. It regard law system as endogenesis variable of economics, using modern economic theory and method to research the formation, the structure, the process, the effect, the efficiency and the prospect of law system ( as for the entire social consciousness system). Chinese traditional law is described as the law before Law and Economics had been introduced in China.â…¡.The objectivity and inevitability of the bringing of the Law and Economics1. the origin of Law and EconomicsThe Law and Economics is brought for its intrinsic and external reason. Firstly, the Law and Economics is the common demand of the jurisconsult and economists. Secondly, the dilation of modern economics makes its research penetrate the other fields of the social science. Otherwise, followed the American jurist Holmes'propose of"the life of law is not logic, but is...