The Conflict And Integration Between The Social Insurance And The Tort Law

Industrial civilization has brought rapid economic development and promoted the social civilization .At the same time, mankind has also paid the price, for the accidents happened frequently , disasters fall at any time and serious personal injury are paid close attention by the entire community. So people have to pay more attention to the protection of the right to existence when they are in the creation of material wealth. In traditional tort law , when social development can not meet the requirement, the new social system should have had.For example, liability insurance and social insurance systems play an important role in the society with different ways . In particular, the social insurance system has shown great vitality in some areas, and therefore it has caused a series of impaction on the traditional tort law .In this thesis, it uses historical and comparative analysis of research methods combine with the development of tort law to explore the crisis in tort law that academic scholars concern, and to excavate its fundamental causes. And then it analyses the impaction of insurance system especially social insurance system on tort law, and explores the convergence of the two question for the perspective of industrial injury insurance. Finally, it puts forward the solution on how to coordinate the two fields between social injury insurance and the tort law . The text contains four parts:First part mainly introduces the theoretical basis social injury insurance and the origin of social insurance system,and describes the emergence and its values.Then it explains tremendous effect of the social injury insurance to the promotion of human history.The second part mainly analyses the crisis in tort law. It discusses the problems that modern tort law has faced from the perspective of the historical development of the tort law. Then it expains the origin of the crisis and its causes so as its historical conditions in order to detect the limitations of the tort Law.The third part puts forward the conflicts between social insurance law and tort law . It contains the expansion of the insurance system in the tort area ,including the liability insurance and the social insurance system. The article uses the dialectical analysis to set out the impaction of the two systems on the tort law, and respectively assesses the value of existence of the two. Although the two systems are affecting the tort law at varying degrees, the social insurance law is more challengable to the tort law .Because of the limitations of the social insurance system, it can be said that the social insurance act can not replace the tort law , furthermore, the two systems have relieved the crisis in tort law, making it conformed to the historical development trend and adapted to the social needs.The fourth part discusses the integration of the social insurance system and the of tort law. It focuses on the coordination of the two areas. The article makes a comprehensive analysis of the various solutions of foreign countries, according to China's legislative and judicial practice and the solutions abroad, basing on all kinds of actual situations ,I consider the complementary mode is more suitable for our country.