Pricing of Teeth:An Ecological Analysis of the Legal System of Personal Injury
Ancient laws for personal injury provided for two types of punishment,compensation or a tit-for-tat action.Since both punishment measures have their own advantages and disadvantages,the implementation of the law should be a combination of both.Even if the law clearly stipulates compensation,it is still inseparable from the pressure of a tit-for-tat action;conversely,even if the law clearly stipulates a tit-for-tat action,it is difficult to resist the temptation of compensation.Ecological analysis shows that as long as the victim is allowed to retain the final right of choice and the statutory amount of compensation for personal injury is stipulated,the implementation of the law will maintain a stable ratio between the two punishments.This is the most optimal way for ancient law to deal with personal injury.Drawing on ancient legal wisdom can help alleviate the problem of"difficulty in compensation"for personal injuries in modern legal implementation.
万方数据
维普
