The Influence Of The Insurance System Of Tort Law

Tort law is the most important law in the area of damages system. It has played a tremendous role in the maintenance of public order and promoting social economic development. However, along with economic development and social life of change, tort law has increasingly come under the impact of other systems. In such circumstances, tort law has also had to adjust its systems, so as to adapt to the changing social life. For a series of tort law changes, many people think that tort law is in crisis and will eventually perish. The largest impact of tort law is the insurance system, with liability insurance and social insurance is particularly notable. In current China, the "Tort Law" and the "Social Insurance Law" have been put on the legislative agenda, so we need to discuss the relationship between the two. The paper is about the impact of the insurance system on tort law .And the writer discusses the relationship between liability insurance, social insurance and tort law, adopting the ways of analytical jurisprudence, comparative jurisprudence and juridical economics. Then the writer proposes some ideas on the future of China Tort Liability System.This paper is divided into the introduction, the text and the conclusion. The introduction leads to the exposition of the text, then the text is divided into four parts:The first part introduces the liability insurance on the impact of tort law. It begins with the creation and development of that liability insurance. Liability insurance is the product of risk transference, and playing an increasingly important role in the rapid development of modem industry. Then this part focuses on four aspects of the liability insurance on the impact of tort law: First, it strengthens the compensation of tort law and overcomes these limitations on the tort liability in relief of the victims. Second, there is no proof that liability insurance directly increases the risk of the occurrence of accidents, but to a certain extent, it weakens the containment and prevention capabilities of the tort law to the wrongful act. Third, liability insurance expands the application of presumption of fault and non-fault liability principle. So it reduces the principle of strict liability to the heavy financial burden of the perpetrator. Fourth, liability insurance system destroys the own responsibility of traditional tort law, it reflects the changing concept which is from corrective justice to distributive justice.The second part is about the social insurance system to the impact of tort law. The impact of social insurance on tort law is more far-reaching than liability insurance. This part is divided into four aspects: First, the theoretical basis of social insurance is the theory of social risk. In the industrial society it has been widely recognized and quickly developed. Second, owing to lower operating costs, social insurance decreases the compensation capability of tort law. Third, because of the disengagement of liability and compensation, social insurance weakens the prevention and punishment function of tort law. Fourth, social insurance in some areas replaces traditional tort law and narrows the scope of tort law.The third part mainly concerns the relationship between insurance system and the crisis of tort law. At first the writer introduces the crisis of tort law by the scholars' opinions. The so-called crisis of tort law that it mainly includes two aspects: one is the objectifying of the tort principle, the principles of presumption of fault and no-fault liability have a large number of application; the other is the loss of tort liability to the community, that is because the acting of liability insurance in the internal and social insurance from the external. Next the writer recalls the evolution and the development of modern tort law, and finds that the dramatic changes in tort law haven't occurred .Tort law gradually makes adjustments in line with the social development. Then the paper analyses the crisis of tort law: First, because of tort litigation needs a long time, the high cost, uncertainty and the outcome of court proceedings responsible for the compensation capacity limitations, tort law has inherent limitations. Second, tort law has limitations on the prevention of accidents, and these limitations are not entirely caused by the insurance system. Third, in recognition of tort law on the basis of defects, liability insurance can not replace tort law because of its limitations and parasitic character. Fourth, in view of the social insurance system relying on the economic conditions and the limited scope of its own, it is impossible to replace tort law taking on the heavy responsibility of damages. The final conclusion is that the insurance system does not make tort law vanish. Tort law did not really in the state of crisis. On the contrary, it may be an important opportunity for tort law to make adjustments in accordance with changes of social life.The fourth part is our future tort law system that the organic integration of the insurance system and tort law. First the writer points out that only relying on tort law is difficult to achieve aims. It is difficult for completely "professor Jiateng's design on relief system" to implement in current China, It should establish the comprehensive relief system of liability insurance, social insurance and tort law. Finally the writer gives corresponding improving measures from liability insurance, social insurance and tort law. China should improve the liability insurance system, expand the scope of liability insurance, establish direct litigation system, ,and step up the protection of the victims. It should establish social insurance system suiting for China's national conditions. Otherwise, we should accelerate the pace of the "Social Insurance Law", adjust the internal structure of tort law, and expand the application of the presumption of fault and no-fault liability principles. At the same time we should pay attention to the cooperation of liability insurance, social insurance and tort law.Finally, the writer makes a brief conclusion. Liability insurance and social security have a far-reaching impact on tort law from internal and external. Tort law has to make a series of adjustments. But it is not enough to make tort law create a real crisis. However, in the allocation of loss and accident relief, relying on the internal reform of tort law has been unable to adapt to the needs of social development The loss relief system of China's Tort law should say good-bye to the situation of only relying on the traditional tort law, and form the cooperative situation of liability, liability insurance and social insurance.