Public and Private Enforcement of Law under the High Risk of Type I Errors: the Russian Case
The authors explain comparative advantages of public enforcement of legislation by public authority by means of control and supervision, on the one hand, and private enforcement, on the other hand, in consumer protection law, labor law and antitrust law in Russia. Along with private and "pure" public enforcement we analyze selective public enforcement as a specific enforcement model. Selective public enforcement may be individually preferable in comparison with private enforcement, but the use of this model in certain circumstances decreases deterrence effect due to an increase of the probability of Type I errors (punishment of the innocents) and underperforms both private and "pure" public enforcement.
Volume (Year): 15 (2012)
Issue (Month): 3 ()
|Contact details of provider:|| Postal: Nakhimovsky prospekt, 32, Office 1115, 117218 Moscow Russia|
Phone: +7 495 7189855
Fax: +7 495 7189855
Web page: http://www.econorus.org/english.phtml
More information through EDIRC
Please report citation or reference errors to , or , if you are the registered author of the cited work, log in to your RePEc Author Service profile, click on "citations" and make appropriate adjustments.:
- Hughes, James W & Snyder, Edward A, 1995. "Litigation and Settlement under the English and American Rules: Theory and Evidence," Journal of Law and Economics, University of Chicago Press, vol. 38(1), pages 225-250, April.
- Steven Shavell, 2003. "Economic Analysis of Litigation and the Legal Process," NBER Working Papers 9697, National Bureau of Economic Research, Inc.
- David Weil, 2005. "Public Enforcement/Private Monitoring: Evaluating a New Approach to Regulating the Minimum Wage," ILR Review, Cornell University, ILR School, vol. 58(2), pages 238-257, January.
- A. Mitchell Polinsky & Steven Shavell, 2005.
"The Theory of Public Enforcement of Law,"
05-004, Stanford Institute for Economic Policy Research.
- Garoupa, Nuno, 1997. " The Theory of Optimal Law Enforcement," Journal of Economic Surveys, Wiley Blackwell, vol. 11(3), pages 267-295, September.
- Gary S. Becker, 1968.
"Crime and Punishment: An Economic Approach,"
Journal of Political Economy,
University of Chicago Press, vol. 76, pages 169-169.
- Shastitko, A., 2011. "Errors of I and II Types in Economic Exchanges with Third Party Enforcement," Journal of the New Economic Association, New Economic Association, issue 10, pages 125-148.
- Gary S. Becker & George J. Stigler, 1974. "Law Enforcement, Malfeasance, and Compensation of Enforcers," The Journal of Legal Studies, University of Chicago Press, vol. 3(1), pages 1-18, January.
- Hay, Jonathan R & Shleifer, Andrei, 1998. "Private Enforcement of Public Laws: A Theory of Legal Reform," American Economic Review, American Economic Association, vol. 88(2), pages 398-403, May.
- Jackson, Howell E. & Roe, Mark J., 2009. "Public and private enforcement of securities laws: Resource-based evidence," Journal of Financial Economics, Elsevier, vol. 93(2), pages 207-238, August.
- Craswell, Richard & Calfee, John E, 1986. "Deterrence and Uncertain Legal Standards," Journal of Law, Economics and Organization, Oxford University Press, vol. 2(2), pages 279-303, Fall.
- Kahan, Marcel, 1989. "Causation and Incentives to Take Care under the Negligence Rule," The Journal of Legal Studies, University of Chicago Press, vol. 18(2), pages 427-447, June.
- R. Preston McAfee & Hugo Mialon & Sue Mialon, 2005. "Private Versus Public Antitrust Enforcement: A Strategic Analysis," Emory Economics 0523, Department of Economics, Emory University (Atlanta).
When requesting a correction, please mention this item's handle: RePEc:nea:journl:y:2012:i:15:p:114-140. See general information about how to correct material in RePEc.
For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: (Alexey Tcharykov)
If references are entirely missing, you can add them using this form.