Study On The Crisis Of Tort Law

Now we have made great achievements in the construction of nomocracy and we are constituting our Civil Code like a raging fire, so it maybe out of time to mention crisis or death. However, the crisis of tort law is really an important as well as difficult theory problem and we must take it seriously. Although the crisis of tort law is frequently mentioned in many scholars'writings, most of them just described its phenomena and there are hardly any systematic dissertations on it. And the scholars still hold different even improper viewpoints on some questions such as the functions of tort law, the causes of the crisis of tort law. The status quo of the study in this field is not satisfying yet.This thesis takes history analysis and comparison analysis as main study methods. On the basis of the investigation of the evolution of tort law, it analyzes the causes of the crisis, the change of the functions of tort law and the relationship among liability insurance, social security system and tort law. In the last part of this thesis, the author presents several countermeasures against the crisis.This thesis consists of four chapters as follows:Chapterâ… introduces the status quo of the crisis'research and indicates the limitations of traditional viewpoints on it and their causes in methodology. Then this part illuminates the research methods and orientation of this thesis in brief.Chapterâ…¡analyzes the causes of the crisis in detail. On the basis of the investigation of the pattern of the tort law's evolution and the background to the crisis, the article points out that the crisis of tort law is just a representation of the nomocracy's crisis even the whole society's crises and its essence is the plight that tort law met both in theory and practice owing to the traditional tort law's failure to meet the need of social development. The article also explains four main causes of the crisis as follows: the limitations of the tort law's traditional developing pattern, the fragmentation of the common value, the economic analyzing method's impact to moral interpretation and the tort law's inherent limitation.Chapterâ…¢reassesses the relationship among liability insurance, social security system and tort law. The article emphasizes that neither liability insurance nor social security system is the cause of the crisis, on the contrary ,they alleviated the crisis effectively and redeemed tort law successfully.Chapterâ…£brings forward the countermeasures against the crisis of tort law. Considering the causes of the crisis, the author insists that it is necessary to reassess the functions of tort law in order to prevent tort law from taking too much burden. By analyzing the change of the tort law's functions, the author asserts that the tort law's function to validate new rights is becoming more and more important while its compensation function decreases gradually. And the article points out that type mode is another effective countermeasure against the crisis and we should adopt it as our tort law's legislative mode. In the end, the article discusses the system of synthetic regulating. It points out that the key of the system of synthetic regulating is the cooperation of different systems and this will be the emphasis of our study in future.