The Evolution Of Modern Tort Law, And Theoretical Issues Functional Perspective

Abstract Viewing from the aspect of functions, this graduation thesis is mainly on the changes and development of modern law of Tort, and discusses some selected theoretical problems in details on the basis of the Tort law functions concluded. In this article, the author uses the method of induction and deduction, ttying to draw out from the analysis of the historic develop- ment of Tort law and its combination with the liability insurance some abstract functions, and evaluates concretely some important parts of Tort law under the guidance of these fuctions. This thesis can be divided into five parts. The first part analyzes the values of law, and presents the definition of the function of law. The author maintains in this part that , the fuctions of law of Torts , taking the?cor- rective justice?as its philosophical basis, should carry out throughout the tort law the values of justice and effectiveness. The second part tries to ana- lyze from the development of the tort law the changes in the tort law functions The third part mainly discusses the development of tort law functions as a result of its combination with the liability insurance. In the forth part, under the guidance of the concluded functions, the article analyzes the following problems as the important constitutional conditions of the tort liability, the justice liability, and the punitive damages as well. Finally, in the fifth part, the author makes a generalization of the changes and development of tort law, and evaluates the status of the tort law in the comprehensive remedial devices.