| 英文摘要 |
This article aims to introduce how economic analysis can be applied to examine criminal legislation. At its core, economic analysis relies on utilitarianism, assessing decisions based on the efficiency of their outcomes and evaluating legal frameworks by their contribution to social welfare. It leverages economic methods and insights to explain existing legal systems, predict changes in behavior, and offer normative recommendations grounded in social welfare considerations. Within criminal law, economic analysis views the objectives of criminal punishment－namely, deterring or incapacitating offenders－as essential to preventing socially inefficient crimes. It perceives criminal punishment as a tool to rectify inefficiency and assesses its effectiveness in comparison to other legal and extralegal measures. This approach aligns with the ultima ratio philosophy. Ultimately, this article demonstrates how economic analysis can validate the effectiveness or assess the efficiency of criminal legislation through specific local examples. |
