Petroleum pollution prevention by law & economics analysis:Based on property rule, liability rule and inalienable rule
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    Abstract:

    In variety of remedies for ecological damage which had caused by oil pollution, they can be found corresponding rule model in field of law and economics. Once oil contamination causes ecological damage, analyzing the efficiency of remedial rules has two advantages. On the one hand, it might be contribute to revise the costs & benefits and practical effect of the remedies which are being used to solve oil spill incidents such as the one happened in Bohai. On the other hand, it can provide theoretical basis for further choice when we choose different rules. Liability rule has three superiorities such as ex post relief, guardianship environmental public interest and executive power restriction when it is compared with other remedial rules. At this point, liability rule should come the main regulation for oil spill contamination. However, every relief measure has potential social cost. Therefore, liability rule should be coordinate with other regulations and reduce its valuation cost, then a high quality remedial plan with lower cost and massive benefits would be provided.

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秦鹏,郭楠.油污损害防治的法经济学解释——基于财产规则、责任规则和不可让渡规则三个维度的分析[J].重庆大学学报社会科学版,2016,22(6):162~167

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History
  • Received:July 04,2016
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  • Adopted:
  • Online: January 04,2017
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