On The Coordination Mechanisms Of Conflict Of Tort Compensation And Insurance Claims

Era of rapid development of market economy, the level of human life with the economic development and improved., Then more and more frequent contact with people living and working in the occurrence of the tort is inevitable. The event of infringement will be formed between the infringement and the infringer an infringement of the debt taken for granted infringer must bear tort liability. Infringement of the debt is a statutory debt based on the Tort Law of the People’s Republic of China, subject to the constraints and adjustment of the Act. A level of development of contemporary social civilization system at the same time also involved a tort damages, and has penetrated into all aspects of human life. This is an insurance claim. Infringement damages, insurance claims, is based on the insurance contract is a contractual obligation. And it corresponds to the main body of the insurer and the insured. The same is that they have compensation for the damage functions, their common goal is to compensate for the loss of the victim. The different legal basis and application of the main destined infringement indemnification and insurance claims, whether in theory or in the application, there will be some conflict. Mainly in the legislative function, and litigation practice. Infringement indemnification and insurance claims that conflict is inevitable, but we can not allow them to shift in the legislative coordination between the specific practice. That is, to make insurance claims give full play to the damage compensation, but also achieve the function of the punishment and prevention of tort damages. This is specifically related to the modifications Disclaimer of liability insurance, punitive tort compensation system, the introduction of the Civil Code draft recommendations, tort compensation range, determine the order of selection as well as insurance claims and compensation for infringement. In short, in today’s society, with the occurrence of damage continue to expand. Tort compensation or insurance claims are reasonable to fill the damage to the victim, and efforts to prevent and reduce accidents occur. It must be full coordination between the two conflicts, the integration of their advantages to their respective functions on its head, so that compensation is more reasonable and more equitable.