The Development Of Tort Law, Liability Insurance

The speech of the tort law's crisis was once very popular, however, now it has already dated. The author believes that the tort law doesn't exist in the danger that liability insurance system and social security system con not replace it. Instead, in under the new social situation, because of enhance of power consciousness and the frequent incident, the tort law as a law for right relief is confronted with unprecedented opportunities to develop. The purpose of the present thesis is not to criticize the tort law's crisis, while the author wishes to find the development trend of the tort law and how to adjust the tort law to make it meet with the development requirements of new society from the liability insurance system. The thesis states that the development trends of the liability insurance system reflects mainly show on two respects: change of imputation liability and change of different functions' status. Under new social situation, the author think that the tort Law should be adjusted mainly from the two following aspects: Firstly, it should use the strict liability principle in expansive realm; secondly, the tort law should find a way on how to assort with the liability insurance system in order to protect the victims' rights fully and disperse social risks.The first part of the thesis describes the influence of the liability insurance system on the tort law. Firstly, it is summary of the liability insurance system, including its connotation and background of generation and development. Secondly, it is about impacts of the liability insurance system on the tort law. The rising of the liability insurance system have some effects on the development of function and the imputation principle of the tort law. Lastly, it is concerned about the relation between the liability insurance system and the tort law. They separately belong to liability transfer system and liability dispersion system.they should coexist. Simultaneously, the liability insurance system and the tort law promote each other, not the decline the growth of the other.The second part is concerned about developmental trends of the tort law. The first section talks about the crisis of the tort Law. So-called crisis doesn't truly exist, but the real problem the tort law faces is how to make adjustment in order to fit new social situation. The reason why it is thought the crisis doesn't truly exist lies in the following aspects. First of all, the liability insurance system and the social security system can not replace the tort law completely; it is not only because these outer systems have deficiencies, but the tort law has a large realm of property damage and impairment of right. Secondly, the tort law has its own particular ways of punishment and prophylactic functions that other liability dispersion systems don't have. Finally, social development needs the tort law works much better and doesn't need its decline. However, because of its own defects, the tort law itself, especially it's imputation principle, has to make some changes if the tort law itself wants to keep pace with social development. At the same time, the tort law should coordinate with outer system because of the development of liability dispersion system.The second section is on developmental trends of the tort law's criterion of principle. The author thinks the imputation principles consists of the negligence liability principle and the no—fault liability principle. The roughly developmental trend is from single principle to dual system. That's to say, the no—fault liability principle is expanded. As of the negligence liability itself has changed. Besides, legislation of various nations tends to objective fault judgment criterion; simultaneously, the presumption of negligence has been used more and more. With the development of insurance system, whether the beahaviors participate insurance is becoming an important factor for judges' compensation judgment in some countries ,but whether the behivers have faulity is ignored. As for the no—faul liability principle, the deficiencies that it is unfair to the agent, and even makes social members too scared of taking responsibilities to take actions are made up by the occurrence of the liability insurance system. After all, the liability insurance system scatters insurance into the society, so the behaviors don't lose movation.Our country should adopt dualistic liability system and combine the liability insurance system to expand the application of the no—fault liability.The third section introduces the developmental trends of the tort law's function. The author feels that there are three functions of the tort law,inclures punishment, prophylactic and compension. With social development, people are increasingly concerned timely relief should be provided for the victims but not punishing the actors. Until now, it's loss compension function become more and more important.The third part of thesis around the tort law how to coordinate with the liability insurance system in new social environment. Firstly, using the tort law and the the liability insurance system pattern of coexisting to succore the victims should be established. Besides, it should emphasize as a general rule the total number of the victims' aid can't expand to their lass. The second problem is the no—fault principle of the tort law and the liability insurance system. Firstly, according to the the strict liability principle of the tort law, intention and negligence should be distinguished. Particularly, the development of the compulsory liability insurance system should coordinate with that of special torts.