庇古认为政府行政干预方式是解决外部性问题的唯一途径,科斯提出问题具有交互性,在交易成本为正的世界中,市场交易、替代型经济组织、政府行政干预和权利的法律界定四种方式都能解决外部性问题,但各有利弊。民商法在落实市场交易、替代性经济组织和权利的法律界定三种途径上,发挥着不容忽视的作用。在这一问题上,法学界普遍存在着重经济法方法,轻视民商法方法的倾向,这在理论上是错误的,在实践中是有害的。我国应重视民商法方法在解决市场失灵问题上的重要作用。 Pigou argues that the government’s administrative intervention is the only way to solve the problem of externality. Coase put forward the question of interaction. In a world where transaction costs are positive, there are four legal definitions for market transactions, alternative economic organizations, government administrative intervention and rights Ways to solve the problem of externalities, but each has its own advantages and disadvantages. Civil and commercial law plays an important role in the implementation of market transactions, alternative economic organizations and legal definition of rights in three ways. On this issue, there is a widespread tendency in the jurisprudence field to focus on the economic law method and to neglect the civil and commercial law methods, which is theoretically wrong and harmful in practice. China should attach importance to the important role of the civil and commercial law in resolving the market failure.