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风险社会中市场主体行为风险的外部性是市场主体责任社会性的风险根源,突出了社会性的经济法责任在解决风险外部性方面具有独特优势,如责任主体具有外延的广泛性和形态的多样性、责任归责原则的社会化、责任的认定与归结不一定以发生损害结果为要件等。这使得经济法责任能更好地预防和控制风险,弥补传统法律责任制度在解决外部性方面的不足,以满足人类社会生存与发展的共同需求,实现效率的最大化。
The externalities of the market actor’s behavior risk in the risk society are the social risk root of the market principal responsibility, highlighting the social economic law responsibility has unique advantages in resolving the risk externalities, such as the extension of the responsibility of the main body with a wide range of diversity and shape The principle of social responsibility, the principle of responsibility, the responsibility to determine and attributed to the damage is not necessarily the result of the elements and so on. This makes the responsibility of economic law better able to prevent and control risks and make up for the deficiencies of traditional legal responsibility system in solving externalities in order to meet the common needs of human society for survival and development and maximize the efficiency.