“理性人”标准作为事故过失责任认定标准的经济分析

Economic Analysis Regarding the Reasonable Person Standard as the Accident Negligence Responsibility Determination Standard

以"理性人"标准作为事故过失责任认定,实质上是以"理性人"的注意水平来确定过失之有无。"理性人"标准下会导致分配成本不当之后果,但放弃个别标准带来的分配所得换取成本的减少是有效率的;在弱的意义上看,"理性人"标准下过失责任会比严格责任事故数量少。"理性人"标准与个别标准两者权衡时,应遵循:当决定一个人应尽注意水平的成本较低或若用减少引起事故的行为代替增加注意的可行性越强,背离"理性人"标准很可能是不允许的。

Regarding the reasonable person standard as the accident negligence responsibility determination standard is in fact to determine negligence or not by the attention level of the reasonable person. There seems the phenomenon of distribution cost improper under the reasonable person standard, but distributive income obtained at the cost of giving up the individual standard, in exchange for the reduce of cost, which is effective. The quantity of negligence responsibility accident is less than that of strict responsibility accident under the reasonable person standard. When weighing the reasonable person standard and the individual standard, we should follow： when deciding a person should decrease the cost of the attention level as much as possible, or the feasibility which the accident act instead of increase attention by decreasing is stronger, the standard of deviating from the reasonable person is probably impermissible.