The Impact Of Social Security Law On Tort Law

Development of industry civilization has brought about the advancement of society, meanwhile human being has cost much for this purpose, the increasing accident problem has become an important social problem, the entire society has drawn attention to the serious personal injuries caused by accidents. Human being has also needed to pay more attention to the importance of protecting human rights while creating higher-level material civilization. Tradition law of torts can't provide timely, effective relief for parties in some fields of personal injuries, new social life condition urges the new legal department to come into being. Social security law has demonstrated powerful life in some fields; hence, traditional law of torts has caused a series of effects. Under the inside and outside conditions, the traditional law of torts also changes a lot going with the tide of history, such as law ideas, society functions, liability principles, the scope of application etc. Our law of torts also should adapt to the tide of history.This paper aims at through analyzing the social security act which impacts on tort law, to investigate how to deal with the impact of social security law on tort law. The thesis consists of five parts except introduction and conclusion.In the first part, the thesis mainly introduces the basic theories of social security system, and analyzes the cause of social security system, in order to establish a basis for the full text. The social security system mainly includes social insurance, society relief, social preference and compensation, social welfare systems etc. The main and most basic form is social insurance system. The social security law has many backgrounds, but here the author only lists two main reasons in the need of studying this thesis, namely social risk theory that is the theory basis, the limitation of tort law providing the soil existing. This also exactly is the starting point of the text studying.In the second part, it mainly analyses the impact of the social security law on the functions of tort law. First it behaves that the decline of the function of deterrence. The function of deterrence only exists in the scholar's theory, being short of sufficient evidence. Tort law fail to reach its aim after the social security system appears. Second it behaves obviously the function of compensation. Under the effect of social security system, tort law has been developed from tradition to modern, and the way of compensating the victim has changed, that is from shifting loss to spreading loss.In the third part, the author analyses the impact of social security law on the liability principles of tort law. This is also the most notable performance of the impact on tort law. Firstly the objective trend of liability principles has become increasingly evident. First of all it should be changed the only traditional tort law principle of fault liability—the "fault", abandoning subjectivity fault theory and adopting objectivity fault theory, which can avoid the drawbacks of traditional tort law. Social security law has acted as "catalyst" in the course of revolution, the first performance of externalization of liability principles is attributed to the original fault responsible for technical improvements, taking technical presumption of fault. The complete performance is the principle of no fault liability. Secondly undertaking responsibility displays the tendency of socialization. The personal liability of tradition tort law gradually is inappropriate, and the social responsibility emerges instead. This also conforms to the development tide of legal thought, namely from individual standard to social standard, from formal justice to substantive justice.In the fourth part, it introduces some measures have been taken in every country, when social security law and tort law in certain areas, mainly in the field of personal injuries, appear overlapping phenomena in remedies for rights. There are four main models: First is avoiding model, which is entirely applying social security system to the exclusion of tort law. Second is selection model, namely after damages happening, it gives the victim rights to choosing either to apply tort law or social security law, who can only choose one, and can't choose both at the same time. Third is double win model, which allows victims of a double right to relief. Fourth is supplementary model that the victim may have both proposed tort damages and social security compensation, but the final amount of damages or compensation may not exceed the actual loss.In the fifth part, the major concern is how to deal with the impact of social security law on our tort law. At the basic of the mentioned analysis, our tort law should have corresponding functions, liability principles, and the scope of application. Our tort law should conform to the trend of the times; the function allocation of tort law is compensation function, secondary deterrence function. The liability principle should adapt to the trend of externalization and socialization and adopt an objective analysis of the fault. Adopt a system that fault responsibility and strict liability co-exist, equitable liability as an exception. The scope of applicability should take supplementary model according to Chinese condition.