矿难的法律治理:一种法经济学的路径

Legal Regulation of Accidents in Mining:An Approach of Law and Economics

在法经济学的基本范式中,成本效益理论揭示了违法行为主体实施违法行为的概率与违法成本成反比、与违法收益成正比的原理。我国近年来频频发生的矿难事故与采矿中违法主体的违法行为有密切关系。由于我国规制采矿的配套法制不完善,导致行为主体实施违法行为的成本过低而收益巨大,最终引发了多起重大矿难事故。所以在法经济学的视角下,完善各项与采矿有关的法律制度以提高采矿中行为主体实施违法行为的成本,减少其收益,就成为预防和减少矿难事故发生的有效途径。

One of the basic theories of law and economics is the theory of cost-benefit, which indicates the principle that the probability of lawbreaker implementing illegal activities is in reverse proportion to illegal costs and in synchronal proportion to illegal benefits. In recent years, the frequent accidents in mining occurring in our country have aroused the society＇s high attention. The occurrence of these accidents is closely connected with the illegal activities of relative subjects in mining. Because of the faults of the laws regulating the legal relationship in mining, the illegal activities could be implemented with only a little cost, but the benefit would be vast. This has led to the rampant illegal activities, and finally caused many serious accidents in mining. From the view of law and economics, it is an effective way to prevent and reduce the accidents in mining by raising illegal costs and cutting down illegal benefit in mining.