Establish And Improve A Multivariate And System Tort Relief Mechanism

Science and technology innovation which caused a revolution in industry greatly improve the material life level, at the same time, it brings huge risks, once the risk accident happened, it may cause great disaster. The traditional tort law through transfer loss for the victim can’t adapt to the needs of the development of modern society. The rise of liability insurance and the establishment of social security which replaced the tort law in many fields has become the main way relief for the victim. In modern risk society, evaluation the tort system should consider the scattered the ability of the risk for the victim and can provide timely, full of relief. Any single tort damage relief system could not qualified for the victim relief, and diversified tort damage relief system is imperative. Overall coordination of the tort liability law, liability insurance, social insurance, social relief funds and so on many kinds of relief system is tort damage relief mechanism of effective operation necessary condition. In a variety of relief system coexist cases, it is important to resolve that how to coordinate all kinds of relief systems. This article begin with the crisis in tort law, tort damages society as the main line, through the analysis of the scope of application of the various relief system in the development process of the law of tort, to demonstrate that it is necessary for our country to establish and perfect a wide range of tort relief, on this basis, a wide range of the infringement relief mechanism the system construction and convergence of systems issues in-depth discussion. The main content of this paper is as follows:The first section introduces the crisis and reform of tort law. From the defects of tort law, liability insurance and social security on the three aspects of the impact of tort law describes the performance of the tort law crisis reveals the root cause of the crisis in tort law. In response to the crisis in tort law, the Western countries on the tort law reforms, these reforms focus on the changes in tort law concepts, features and attribution principles.The second part focuses on how to establish the mechanism of a wide range of tort damage remedies. From the current situation of China’s tort relief mechanisms, to analyze the Tort Liability Act as the dominant infringement relief model drawbacks, China should focus on development and improvement of the liability insurance and social security, a variety of tort relief system, build a wide range of tort relief to the necessity and feasibility of the mechanism.In the scope of application to clarify the various relief systems on the basis of tort relief mechanisms should be composed by two parts of the Tort Liability Act, liability insurance constitutes a private law relief and social assistance fund, social security constitutes a social law relief. The third part analyzes the coordination on various tort relief systems. Compensation through the tort of road traffic accidents in the operation of the relief system study, analysis of the responsibility of each relief system, requesting the right to exercise, and compensation levels proposed remedies of private law relief and social law should play a role in their respective fields, the emergence of competing, it should follow the principle of priority of the social law relief. In the field of private law remedies, compared to the infringement proceedings, and liability insurance payments convenient and fast advantages, should be established on the basis of balancing freedom of contract and protection of victims of the priority rules applicable liability insurance.The fourth part focuses on the linkage of a wide range of tort relief system. Through the analysis of the interaction of tort law and liability insurance and tort law and social security association, discussed a wide range of tort relief mechanism. Tort Liability Act, liability insurance and social assistance fund fit development and infringement separate development trend of the responsibility for law and social insurance.