Research On Interests Balances In Liability Insurance

The essence of Liability Insurance is the process of risk sharing and loss absorbing. The paper concentrates on the application of the Interests Balance Principle in Liability Insurance and its features. As the topic involves a series of theoretical problems, this paper is specifically dedicated by the author to digging deep into this topic. The point of this paper is that as one of the methodology of law, Interests Balance is a basic method and operation formula that is based on identifying, analyzing, comparing, weighting, abstracting and integrating interests. There are three progressively related analytical layers about the Interests Balance for Liability Insurance, namely, the economic layer (interest identification), value analysis layer (value judgment) and structure analysis layer (interests choice). Since the purpose of interests balance is for the convenience of the judge, this method has the benefit of simplifying the process and offering a clear version for the judge. However, the legislation is always lagging behind the changes in the society. Essentially, interest is the concrete form of the demand of the social subject under certain conditions, reflecting the relation between social subject and social object, which forms the inner impulse of people's happiness. Analyzing the choice of interests for liability insurance, the paper comes up with a interests choosing mode aimed at achieving value objective of balanced interests, which unifies the interests choice and normative analysis, interests balance and legislative adjustment. Since it is impossible for the paper to go thorough into the topic if the paper aims at only concrete problems, the paper adopts a method of applying abstract theories to concrete problems.The paper is composed of five parts, including the Introduction, the Importance and Limitation of Interests Balance in Liability Insurance, the Route for Interest Balance in Liability Insurance, Factors Influencing Interests Balance in Liability Insurance, the Extension of the Interest of Liability Insurance and the Conclusion, etc. The Introduction is mainly about the background and the intension of the paper.In the first Chapter, the paper states on theories on Liability Insurance and Interests Balance, as well as the importance and limitation of applying interests balance theories to studies on liability insurance. Also, it is pointed in this part that the key roles of interest balance in issues concerning liability insurance.The second Chapter shows the route to realizing interest balance from three aspects, namely, the legislation for liability insurance, law execution and the supervision of the liability insurance.The third Chapter presents a complex and numerous phenomena about interests in the area of liability insurance which, in this paper's opinion, is the respective expressions of economic layer, value layer and structural layer.The fourth chapter analyzes the interest of different parties involving in the liability insurance. It is pointed out in this part the important role interest balance plays in liability insurance.The last part is the conclusion of this paper in which a summarization of the points of the paper is given, pointing out that to further develop the liability insurance theory, it is necessary to combine the legal frame of liability insurance with the interests balance system.