The Interactivity Between The System Of Tort Law And Liability Insurance

With the adoption and implementation of the 2009 "Tort Liability Act", the system of tort law was constructed initially; at the same time, China’s mass market gradually formed, the social risks reached unprecedented levels, liability insurance in the ascendant. The establishing of Tort-Liability-Act system, has brought opportunities and challenges for liability insurance Liability insurance depend on tort compensation system exists, and tort compensation system can not ignore the impact of liability insurance ever. China is still in its initial development stage on liability insurance. At this time, to observe the abroad system of liability insurance which has been running for more than a century, to study the penetration between liability insurance and tort law system, the influence, the mutual restraint relationship, the interaction between the two studies problems that appear, both for the healthy development of liability insurance, or the development trend tort system, and have a real reference.This paper reviews the build process, status and characteristics of tort law system, describe the development of liability insurance. On this basis, indicates the presence of interaction between the two, describs the interaction between the actual situation and analyzes issues arising in the interactive process. Through the introduction of the affecting、the interactive development、the mutual restraint between foreign tort system and liability insurance、and the development of the situation that has produced so-called "crisis", the paper discusses the principles of mutual influence and infiltration between tort law system and liability insurance system, and interpretate the "crisis "in depth; thus anaysis the interaction between tort law system and liability insurance system in China, and recommendations for the sound development of putting forward feasible path.This paper discusses five parts. The first part describes the building process、the status and characteristics of foreign tort system; the second part describes the development of the foreign liability insurance, which reflects the infringement of the fundamental role of the legal system for liability insurance and introduced the situation of China’s development of liability insurance; part III focuses on the impact of tort liability insurance for the system of tort laws, from the two aspects of forward affect and reverse conflict argument. Thus, this thesis for the tort system and liability insurance has been elaborated in more detail the interaction; the fourth part, briefed foreign liability insurance crisis or tort law, saying the crisis, and the nature and origin of this crisis, the interpretation; Finally, drawing on lessons learned abroad, the author gives the six recommendations about how to make healthy development of tort law and liability insurance, to avoid the "crisis".This paper focuses on the study of the interaction between tort low and liability insurance system, the purpose is to make recommendations on how the system of tort law and liability insurance to achieve positive interaction. Through a comparative study ways to foreign tort law and liability insurance for the development of the object, study how both exert influence on the other side, showing what principles, laws, provide a reference for the development of interactive systems and tort liability insurance.