法经济学与行为法经济学：聚焦理性最大化假设-法理学专业论文.docx

Abstract Law and Economics use the theoretical and analytical methods of Economics to resolve disputes and questions in the legal field and abstracts simple mathematical analysis model from the social behaviour, and carries through positive research on this basis. It has manifested the intuitive simple characteristic of economic analysis,and has promulgated the value dimension of social economy benefit goal in legal field. Law and Economics have answered how does the law in fact affect peoples behavior,and what response when people face legal,why is the law like this,what should the law be that improve peoples life and advance social development progress .Its only dozens of years from statement to present gradual systematization,Law and Economics has achieved present achievement and acknowledged for the common people,becuse it has its own unique place. In order to achieve modeling analysis, Law and Economics thought that the human is its benefit maximization with the foundation of economic rational assumption.All the activities are around to meet houmans need and the material, which is abstracts complete self-interest that have the basic ability of utility computing from individual behavior in reality social life.Law and Economics research aims at individual maximization of utility goal directly,and aims at achieving the public wealth maximization ,therefore, realizes the organic unification of the two goals at last.All theories of Law and Economics are revolving the rational assumption and utility maximization. Basis for the rational assumption of utility maximization sources from the measure of utility of utilitarianism. Utilitarianism points out that persons all activities are directed the happiness and pain that constituted two relative aspects of utility,that is positive and negative utility. With the standard of calculation value in economic , Law and Economics measures specific utility coming by material utility indirectly,and considers each kind of utility