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Socialization Of Damage Allocation Apply In Tort Compensation

Posted on:2011-08-27Degree:MasterType:Thesis
Country:ChinaCandidate:L YanFull Text:PDF
GTID:2166330332466556Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Nowadays, socialization of damage allocation system receive more and more attention from others. This paper research the evolution, importance, adjustment and perfection under the changing circumstance of tort law, it is clear that socialization of damage allocation is necessary. The three domains of socialization of damage allocation are accident insurance, liability insurance and social security. In this article the author mainly discusses how liability insurance and social security impact on tort law. By the discussion of the effects and relations among accident insurance, liability insurance and social security, and home and abroad,some suggestions are put forward on establishment of system of remedy for damage in our country.The paper consists of three parts------the preface, the text and the ending. The text consists five chapters:The first chapter is mainly from the historical evolution discusses the socialization of damage allocation. This chapter is divided into four sections:the first quarter mainly introduced the tort liability from individual to socialization. The second quarter simply introduced the background of the socialization of damage allocation. The third quarter explore the theoretical basis of socialization of damage allocation. The fourth quarter mainly analyses practice basis which is liability insurance and social security.The second chapter mainly introduced relationship between the tort liability law and the socialization of damage allocation. Socialization brings far-reaching influence to the tort liability law which basis individual relief. This chapter is divided into four sections:the first introduces the classification of socialization of damage allocation. The second section describes the function of socialization. The third quarter refer to shortage of socialization of damage allocation. The fourth quarter analysis socialization function of compensation and contain.The third chapter discusses the socialization mechanism from foreign. This chapter is divided into five parts, the first quarter discusses tort law crisis theories. The second section mainly introduced foreign scholars accident insurance alternative theories. The third quarter introduces the overseas since 1980s liability insurance crisis. The fourth quarter discusses foreign social security model selection. The last Section introduces and comments the Japanese scholar kato's choosing the mode of social share.The fourth chapter discusses the key from abroad to home,on our socialization mechanism. This chapter is divided into four sections:the first quarter mainly introduces the new tort liability law imputation principle and tort liability expansion trend. The second quarter discusses socialization mechanism reflect in tort liability law. The third quarter mainly introduces the current liability insurance in China. The fourth quarter simply introduces the development of China's social security,the fifth chapter is the paper's key, which is our socialization of damage allocation's suggestions. In the first quarter, divided into three of the previous, foreign situation in our country, the tort liability expansion trend of obstacles. The second quarter from liability insurance and social security aspects discusses the current socialization. The third quarter on the basis of the the our socialization to improve Suggestions.The ending part is a summary of the whole text as well as a chapter where the author concentrates her viewpoints.
Keywords/Search Tags:Tort liability law, socialization of damage allocation, insurance system, Liability insurance, Social security
PDF Full Text Request
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