Studying The Crisis And Development Trend Of The Law Of Tort From The Aspect Of The Liability Insurance

The traditional Law of Tort sets a series of standards to decide in what conditionsthe inflicter should bear the responsibility and the injured party should get thecompensation, which centers on tort liability and bases on individual liability. But inrecent Law of Tort, liability without fault has the ever-expanding trend, presumptive tortliability also has been becoming more popular than ever, quantum of damages has beenincreased dramatically which aggravate the risk of bearing the compensation for damageof the doer. If the crisis can't be decentralized, the inflicter will suffer the destructiveeconomical strike because of a huge amount of compensation for damage and there isalso the possibility that the injured party can't get enough compensation because of theinsufficiency of the inflicter's ability to compensate. Liability Insurance and SocialSecurity System make the loss socialized, it redeems the ability to compensate of theLaw of Tort, but it also brings unprecedented impact to the basic principles of the Law ofTort. So the crisis of the Law of Tort has become the topic that discussed by scholars ofmany countries in the world since 1970s. It is widely considered that the Law of Tortshows a trend to dwindle and should be considered and estimated again.Anciently, when the scholars discussed the crisis of the Law of Tort, they oftenmade the impact to the basic principle and the social use of the Law of Tort be thestarting point of their research and considered that the functions and regulation scopehave been encroached by the Liability Insurance increasingly, so they think that theLiability Insurance caused the crisis of the Law of Tort and maybe even replace it, butthey rarely discussed the characteristics of the Liability Insurance and the relationshipbetween the Liability Insurance and the Law of Tort. It exaggerated the bad effect of theLiability Insurance on the Law of Tort without measure and neglected the limitations ofthe Liability Insurance, so it is hard to grasp the essence of the crisis of the Law of Tortcomprehensively. In this thesis, the author connects the impact of the Liability Insurance on the Lawof Tort with the limitations of the Liability Insurance closely, analyzes the crisis of theLaw of Tort comprehensively and exhaustively and points out that the essence of thecrisis of the Law of Tort is the difficulty that the Law of Tort met when the traditionaltort liability centered Law of Tort enriches, expands and improves itself according to thelong term social development. Liability Insurance is put into use just in order to solve theproblems that the Law of Tort faced, it is not the cause for the crisis of the Law of Tort,and it is also impossible to replace the Law of Tort. The author makes an outlook for thetrend to the development of the Law of Tort based on the analysis of the crisis of the Lawof Tort. The thesis is about 30,000 words and divided into four chapters. The contents ofthe thesis are as follows: In chapter 1, the author elaborates the definition, generation and development andthe basic characteristics of the Liability Insurance. In chapter 2, the author reduces the cause of the crisis of the Law of Tort, that is, theLiability Insurance brought impact to the doctrine of liability fixation, individual liability,basic functions and damages systems of the Law of Tort. In chapter 3, the author analyzes the crisis of the Law of Tort comprehensively andexhaustively from the aspects of the relationship between the Liability Insurance and theLaw of Tort, the evolvement of the functions of the Law of Tort and the limitations of theLiability Insurance, and points out the essence of the crisis of the Law of Tort. The authoralso analyzes professor Jiateng's design for the Law of Tort. In chapter 4, the author analyzes the new trend presented during the self-adjust ofthe Law of Tort in order to solve the problems that the Law of Tort faced. The author tries to mak...