On The Social System Of Tort Damages

Tort damages socialization is accompanied by the progressive development ofsociety.Social system before the Tort Liability Act to establish the compensation mode is themode of individualism that the loss is borne either by the offender, or borne by the victims intort damages. However, development of science and technology and a large number ofhigh-risk industries has brought to more and more uncertainty and high risk. Followed by theinfringement accident rates increase year by year, the losses caused by the infringement of theaccident to the people even more disastrous. Infringement of the accident, after relying on thepower of a single individual has become increasingly unable to make up for the loss of thevictim’s effective manner. To this end, the dispersion of the tort liability of growing demandTort damages the social system came into being in this context.Tort Liability Act established a one loss tort damages model transfer in the accidentrelationship between the main. After all, the ability of the individual risk is very limited. Inour real life, the victim can’t get a timely and effective compensation. It’s very conduciveto social stability and harmony. Modern legislation even more emphasis on people-orientedand attaches great importance to the protection of victims’ rights. Tort law tries to expand thescope of adhering to the changes in the concept of modern legislation. However, it did not,the expansion of tort law actually worsened the crisis of the Tort Liability Act. Facts haveproved that the Tort Liability Act, if there is no concerted effort with other systems, itsown is not a fundamental solution to the victim to the issue of compensation.Infringement damages to the social system mainly include three aspects: the business ofaccident insurance, liability insurance and social security system. Each system has itsown unique content and value of the three complement each other, cooperate and togetherconstitute the tort damages the social system.In order to protect the rights of the victims and the victims receive timely and adequaterelief, the world generally use three methods: the first is attributable to the principle of relyingon the Tort Liability Act to be regulated; the second is the development of a variety of liability insurance, especially mandatory liability insurance; the majority of policyholders to diversifythe risk of accidents; the third is to improve the social insurance system, especially theindustrial injury insurance system. But there are differences between the basic valuesand concepts of the various system, these systems can not play a role at the same level, thedivision of labor between them, the need for mutual coordination and cooperation. In addition,because the tort damages in reality is very complicated, and China is in the stage ofdevelopment, the system has yet to be perfect, so our country want to create a morecomprehensive tort damages the social system also need to rely on its compositionthe system perfect.