法与经济学视野中的外部性及其解决方法分析

对于外部性的含义,学者们多从经济学的角度进行界定;而对于外部性的解决方法,学者们又多从制度的角度加以寻求。从法律视角即权利和义务的角度,也可以对外部性进行界定,并由此提出法律解决的方法。在解决外部性方面,经济法机制优于民法和行政法机制,但经济法解决外部性也需要注意一些问题。

Externality and How to Deal with It: In Perspective of Law and Economics

Externality is typically defined by scholars from the angle of economics while it is analyzed and dealt with in perspective of institutions. Indeed, externality can also be delineated from the angle of law, i.e. from the angle of rights and obligations. As such, issues related to externality can also be resolved with legal methods. Though regulatory methods derived from economic law are better than those from civil law or administrative law, they are by no means perfect.