以经济分析的方法研究法律问题,自现代法律经济学的先驱者科斯(Coase)以来,在西方学术界一直备受推崇。作为预测人们行为的工具,法律经济学在犯罪行为和惩罚模式的研究方面获得了很大成功;作为“效果评价”的方法,法律经济学在评价现行法律实施效果方面也是成就斐然;而在通过经济分析建构法律规则方面,法律经济学正蓄势待发,面临着巨大的契机。这是一个转型的 Studying legal issues by means of economic analysis has been highly respected in Western academia since Coase, the pioneer of modern legal economics. As a tool to predict the behavior of people, legal economics has achieved great success in the research on criminal behavior and punishment mode. As a method of “effect evaluation”, legal economics is also successful in assessing the effectiveness of current laws. However, In the area of ​​building legal rules through economic analysis, legal economics is gaining momentum and facing enormous opportunities. This is a transformation