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The Response On Liability Insurance To The Development Of The Tort Law

Posted on:2013-11-06Degree:MasterType:Thesis
Country:ChinaCandidate:M J WangFull Text:PDF
GTID:2246330395988138Subject:Commercial Laws
Abstract/Summary:PDF Full Text Request
The development of tort law, the Liability Insurance system can not be ignored. Liability Insurance come front with the choice of stick and change. We must adhere to the basic principles of Liability Insurance, and properly optimized in order to actively respond to the impact of the development of tort law. This paper mainly discusses the expansion path and measures of the Liability Insurance on cope with Tort Law.This article is divided into five parts, the first part talks about the thinking path of the Liability Insurance to deal with Tort Law, and the second to the fifth part is on the specific response measures.The first part:the thinking of the path of the Liability Insurance system response to the development of Tort Law. We should adhere to the basic principles of liability insurance, can not break the basic principle of liability insurance because of the development of tort law. And can not be free to apply to the basis of the liability insurance system for tort liability, can not be free to determine the insurance company liable for damages because of the existence of a contract of liability insurance. Excessive expansion of tort liability may result in liability insurance crisis, with the erosion of the liability insurance system functions.The second part:the expansion of liability insurance coverage, insurance coverage of Liability insurance initially only material interests risk coverage extended to the personal-related risk areas. Large-scale or the associated accumulation of risk comes into the insurable risk range.The third part:the expansion of compulsory liability insurance system. Existing commercial insurance can not meet the demand for the protection of the weak interest in the large-scale infringement, along with the continuous expansion of tort liability risk, we must expand the system of compulsory liability insurance. Through various means such as laws and policies, the allocation of resources, the government achieves the goal of the value of protecting the interests of the victim. In the field of large-scale infringement, the field of public liability event, high-risk industries, the field of environmental pollution, we should develop compulsory liability insurance and decentralized social risk to protect the interests of social groups.The fourth part:the response measures performance of specialized management on liability insurance. Professional management, including the formation of professional liability insurance business, to optimize the terms of the liability insurance, the establishment of a floating rate system, and improve the insurance company’s underwriting, claims and other business links.The fifth part, the other response measures of the level of insurance market for the specialized regulation of liability insurance. The regulatory body should develop the right strategic positioning for specialized liability insurance regulatory laws and regulations, the formation of specialized liability insurance regulators, to improve the professional and regulatory functions.In the conclusion, I briefly mention other aspects of response measures, including through the development of the insurance market and insurance risk securitization of the way to diversify and control liability risks.
Keywords/Search Tags:Liability Insurance, Tort Liability Act, Insurable range expansion, Compulsory liability insurance, Professional management, Specialized regulatory
PDF Full Text Request
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