Functional Analysis Of Tort Law

The functions of Tort.Law not only are very important for recognizing the nature of Tort Law, but also reflect the development of Tort Law. They take the value of Justice and benefit as their foundation, and take their structure as the basis. The functions of Tort Law consist of the function of torts sanction, the function of loss remedies and the function of loss shifts. Complying with the development of the functions of Tort Law from the torts sanction to the loss remedies, the principles of Tort Law have developed from fault liability to fault estimation liability and no-fault liability. Though the functions of Tort Law have been weakened by Liability insurance and social security system, they cannot be substituted in the domain of faults. There are many significant transformations in the automobile infringements liability, and all of the reformations can be explained in the way of the functions of Tort Law.This thesis consists of four parts.The first part mostly introduces the outline of the functions of Tort Law. The structure of torts establishes on two relationships: the relationship between torts and sanction and the relationship between loss and remedies, and it is based on assignment justice and rectifies justice.The second part analyses the development of Tort Law in the view of the functions of Tort law. The tort liability centrally manifests the functions of Tort Law. In the fault liability, the function of torts sanction and the function of loss remedies are in a relative equilibrium condition. Then, along with the development of industry, the assignment justice becomes the dominant value, instead of rectifies justice. As a result, the function of loss remedies becomes more important than the function of torts sanction. After Liability insurance and social security system emerged and quickly developed, the function of loss remedies has been wakened.The limitations of the function of torts sanction come from Tort Law's nature of subjective liability. In the comprehensive system of torts sanction, Tort Law is less effective than Criminal Law and Administration Law. But just because of its nature of subjective, Tort Law is more effective than any other methods in the domain of faults. The limitations of the function of loss remedies come from Tort...