资源配置与侵犯财产权责任制度研究——从资源配置的效果看侵犯财产权民事责任制度的设计

The Allocation of Resource and Tort Liability on Property

不同的侵权责任制度设计对资源配置的状态将产生不同的影响,侵权法应当认真考虑这种影响,要保证财产权侵权责任制度能够发挥优化资源配置的结果,一方面应当充分利用市场,通过责任制度激励当事人采用侵权救济交易解决财产权侵权纠纷;另一方面,应合理地根据侵权行为的类型配置侵权责任的形式,以保证纠纷解决机构对侵权纠纷所作的裁判能够提高资源配置的效率。

This article demonstrated the relationship between the acts of torts and the allocation of resources, based on this, the author suggested that different arrangement of institute of torts liability will affect the state of resources allocation differently. The law of torts should take this seriously. To sure the liability legal system of property torts results optimization of the allocation of resource, on one hand, the law should adequately make use of the market, through the liability legal system, to inspirit the parties of torts cases to settle their dispute through remedy transaction; and on the other hand, the law should adequately distribute the different forms of torts liability to different torts, so as to guarantee the decisions made by institutions of dispute resolution can enhance the efficiency of resource allocation.