The Conflict And Coordination Of Liability Insurance And Tort Law

With the development of the economy and the progress of science and technology, the various late-model damage accidents happen unceasingly. Principia of tort law develops from unitary responsibility principle of fault to the responsibility principle diversifying system, and brings to play a role of filling in damages and defending damages of traditional tort law. As being the fundamental order of supporting living and building a safe society, the tort law has aroused a great discuss of crisis in the academic circles while coming across liability insurance. The author's view of this problem is that the liability insurance is not able to and will not be able to take the place of the tort law although it is the inevitable outcome of the market economy. The present crisis is just a temporary trouble when the tort law in the process of enriching, expanding and consummating itself and the liability insurance is the substitute scheme for resolving the compensating shortage of the tort law. The fundamental regulation of the tort law will be respected and inherited at the present and in the future. At the end of the analyzing, the dissertation brings forward the harmonizing system of the tort law and the liability insurance, expecting breaking the path to the improving legislation. The research is did by historical analyses, comparative analyses and logical analyses.The dissertation consists of three parts------the preface, the body text and the ending. Thepreface briefly introduce recent situation in the academe of tort law and liability insurance. The text consists four chapters:The first part reveals the essential of the crisis by introducing the history of the tort law and expatiating on its legislative evolution of value. In the 19th century, the individualism as the core values of the society becomes the principle of tort legislation. Then, with the great development of industrial society in the 20th century, a variety of new incidents continue to occur. As an individual, no matter how carefully it works, can not avoid the risks. The protection of the law transfers from an individual-based principle to socialization, and the role of tort law come closer to victims. However, the application of strict liability gives too much risk to inflicter. With the emergence of liability insurance, tort law seems to becoming increasingly serious.The second part points out the impact of liability insurance over tort law function by introducing the concept, connotation, value and target of liability insurance, and questions "the decline of civil liability". Liability insurance is in line with needs of times. During the expansion in tort law, liability insurance fill tort law's pale of covering the damage, protect the rights of victims, and provide a stable condition for production and operation. So it is a certain stage of social development and a necessary process of improving the compensation system.The third part describes the conflict between tort law and the liability insurance from three directions, the jurisprudence, the compensation for damages principle and the actual judicial practice. Although tort law and liability insurance have the temporary stand-off in these areas, the contradiction can be removed.The fourth part analyses the further developing of tort law and liability insurance harmoniously, and on the basis of that, suggesting systematic conceive to relevance legislation. Then, the society will alleviate the conflict between the two in order to set up a mechanism for coexist in harmony by integrating tort law responsibility principle, building the multiple compensation for damages system and improving the tort legislation and liability insurance,The ending sums up the viewpoint of the text. According to the detailed analysis of the "crisis", the author explains the impact of liability insurance and the necessity of tort law.