On The Functions Of Tort Law

This article divides the history of tort law into three periods according to the rules of tort liability, it concludes the functions of tort law in each period, points out the changes of the functions of tort law, that is from the ancient revenge, punishment, penance to the recent compensation, prevention, lower accidence costs to efficiency, welfare. This article analyzes the crisis of the functions of tort law, and the strikes to the tort law that liability insurance and social insurance bring. The article points out that the change of the functions of tort law depends on the change of economic, politics and the law theory, this reflects the change of civil law from individualism standard to community standard and the care for the people. The article brings out the functions of the tort law in China include compensation and deterrence, prevention, efficiency and the acknowledgement of the potential civil rights. We must build up the guidance thought of function, that is to say we must design some specific system according to its functions. This article analyzes the controversial problem during the legislation of the tort law in China, it thinks that we should establish the punitive damages system in our civil code.