Economic Analysis of China's Environmental Legal System

Author: Wang Rong
Publisher:
Publish Date: 2003-06-01
Features: The purpose of the "Series on Special Studies in Chinese Civil and Commercial Law" is to, based on the actual conditions of China's reform and opening-up and the development of a socialist market economy for modernization, extensively refer to the successful experiences in civil and commercial legislation of developed countries and regions, as well as the latest case law and doctrines, to conduct in-depth research on the fundamental theories and major legal issues in civil and commercial law. It aims to provide a scientific legal foundation for the modernization of China's civil and commercial legislation and the scientific practice of civil and commercial adjudication, enhance the theoretical level of civil and commercial law, promote the cultivation of research talents in civil and commercial law, and enable China's civil and commercial legal theory research to catch up with that of developed countries and regions as soon as possible. The starting point for the analysis and argumentation in this book is to treat the environmental and resource system as a public good, apply the theory of economic organizations from economics, incorporate various rights variables involved in the process of protecting the environmental and resource system into a functioning mechanism, and conduct systematic analysis. At the same time, the evolution of the environmental legal system, i.e., the effective allocation of rights variables, is understood as an ongoing process of improving rights performance. To reveal the relationship between institutions and performance, this book establishes a general paradigm for analyzing the two—the SIP paradigm. The SIP paradigm consists of three parts: Structure (Structure)—the rights structure of the institution. Influence (Influence)—a cost-effectiveness analysis of rights variables. Performance (Performance)—standards for performance evaluation. In the SIP paradigm, the structure is a result of public choice; the chosen structure inevitably leads to corresponding cost effects; and the corresponding cost effects determine the final performance of the institution. With the SIP paradigm, we can identify breakthrough points for institutional reform to achieve effective institutional change. While constructing an abstract theoretical model, this book also closely combines the history and current state of China's environmental legal system for elaboration and argumentation.