The Influence Of The Insurance System Of Tort Law

Not only in the civil law system but the common law system, tort law was the basic system arrangement for establishing the basic living order and social security structure of their civil societies, and made most of its double function both in restraining tort behavior and compensating the injured party. As time went to 1970s, some authorities focusing on torts doubt the deterrence, compensation function of tort law. They believed that at present tort law was in an unfortunate situation, and should be replaced by liability insurance, social insurance and social security system.The first part of the article reviews the formation of the tradional tort law and its changing procedural to its modern form, also analyzes the differentiation of the social, economic and juris-prudence supporting it. From the theory and practice difference of torts, the article believes that tort law was getting new contents from its new social background and knowledge. Tort law was trying to make balance between its function and structure, and meet the requirement of social development through the expansion of fault principal.The second part of the article demonstrates that insurance law and tort law are different legal institutions in essence. The theory of insurance is based on contract theory; the contract law and tort law both constitute the main body of civil law. In modern legal system, tort law and insurance law actually integrate with each other. This kind of integration did have impact on tort law in its inner part. At the same time, Insurance law not only internally influences tort law, but also externally challenges tort law seriously. The rise of social insurance and social security is an obvious example. This is because originally the idea of social insurance is completely different from the idea of tort. Social insurance believes in social risk liability instead of individual liability, claims that the burden of liability should fall on society. The third part of the article regards that the development of the integration between tort law and insurance law in China accords with the line mentioned above. Because of the lag of legal culture, there are some defects. In some areas, for example, there are conflicts between legal rules. We should in some areas adopt foreign developed legislation.The fourth part shows the conclusion of the article that, in the future, the co-existence of tort law, liability insurance and social insurance in regulating personal damage is a basic trend.