Discussion About The Effect Arising From The Socialization Of Damage Allocation On Tort Law

By research into the evolution, importance, adjustment and perfection under thechanging circumstance of tort law, it is clear that socialization of damage allocation isnecessary. It has made great influence on tort law. The two domains of socialization ofdamage allocation are liability insurance and social security. In this article the authormainly discusses how liability insurance and social security impact on tort law. By thediscussion of the effects and relations among tort law, liability insurance and socialsecurity, some suggestions are put forward on establishment of system of remedy fordamage in our country. The dissertation consists of three parts------the preface, the text and the ending. Thetext consists five chapters: The first chapter mainly discusses the evolution and theoretical basis of tort law. Itcomprises three parts. In this chapter it makes us know some basic knowledge of tort law,including the evolution, the significance, the background of tort law, etc. Chapter two main deals with the adjustment and improvement of tort law under thechanging circumstance, and the birth of strict liability. This chapter includes three parts.By analyzing the advantages and disadvantages of strict liability, it makes clear thatsocialization of damage allocation is necessary. The third chapter mainly concerns the influence on tort law exerted by liabilityinsurance and the relations between them. This chapter is composed of six parts and aconclusion. This chapter is one of the important parts of this essay. By discussing theactive and passive effects on tort law, the author concludes that liability insurance is not acomplete system of social damage allocation. It has some flaws. It cannot substitute tortlaw. Liability insurance only exists with tort law to relieve the person who suffers loss. The fourth chapter mainly talks about the effects on tort law made by social security.This chapter is very important. It's made up of five parts. By analyses of the influenceand relations between them, the author draws a conclusion that social security alsoencounters many difficulties. It is not a complete system of social damage allocation, too.It cannot take place of tort law and liability insurance. They only work together to helpthe victims. Chapter five mainly focuses on establishment of system of remedy for damage in ourcountry. In this chapter it contains three parts. In the future the system of remedy fordamage under which tort law, liability insurance and social security take effect togethershould be built up in our country. At the same time the author provides some advices toestablish such system and make definite that two issues should be paid attention to. The ending part is a summary of the whole text as well as a chapter where the authorconcentrates her viewpoints.