On The Conflict And Integration Of The Social Insurance Law And Tort Law

Law of tort has occupied the exclusive position in the field of compensation for injury ever since. The occurrence and the development of the social insurance broke the law of tot's monopolization situation. In certain circumstances, at least in the field of bodily injury, the social insurance and the law of tort has been coexisting. The present thesis will discuss the conflict and the melting of the coexisting social insurance and the law of tort. Besides the preface and the conclusion, there are all three parts in the present thesis.The fist part will explain the evolvement of the law of tort and establishment of . the social insurance. The law of tort originated in the ancient Roman law. From the 19th century, the principle of the liability for fault has taken the leading position in France, Britain, Germany and even the whole capitalism world, and the traditional law of tort occurred. However, ever since the human society enter the industrial era, the simple liability for fault is hard to meet the desire of the development of the society, and the no-fault liability established with that, the law of tort formed multiple double layer construction system. Unfortunately, the design of the system is not perfect, and the same situation applies to law of tort. On the one hand, law of tort is one kind of mechanism to track out personal responsibility, which is based on determine of the liability of tort and which care the responsibility of the injurer. When the victim cannot produce evidence or the injurer has not enough money, the victim's impairment cannot be compensated effectively. On the other hand, the no-fault liability add the injurer's operating cost, which goes against the advancement of the science and technology and the development of he society. As the law of tort evolves from the modern times to the contemporary, the western countries built up all-rounded social insurance system with the rise of the concept of the social risk and presentation of the hypothesis of the welfare countries.The second part of the present thesis describes the conflict of the social insurance system and the law of tort. Because the system stresses the distribution of the victim's relief and the injurer's risk, it is appreciated and valued. There are lots of differences between he law of tort and the social insurance, which is a compensate system. The social insurance is based on the thought of social related, which aims at the guarantee of the human basic right of existence, and pursues the right on the distribution. Even so, in some situation, especially on the relief of the victims it corresponds to the law of tort. This is the basic reason why the social insurance and the law of trot can coexist. As the social insurance enter the field of the adjustment of the law of tort, it will surely impact on or challenge the applied field and the social function of the law of tort. The law of tort are...