Research On The Liability Insurance System Of China

Liability insurance and tort liability have promoted common development through mutual exchanges, which is the inevitable trend of social development. It is very important to discover better ways of the relationship of them. It affects the development direction of tort liability and liability insurance. How tort liability insists on its running rules while melting the problem that the liability insurance bring to it. That is essential to promote the tort liability. Due to infringer has insurance liability insurance, the liability of the infringer transferred to the insurer. It destroys the tort liability responsibility determination, which has been insisting "Who infringement, who assume the tort liability"; insurer averages compensation in accordance with the national standard of compensation, which destroyed in insist on tort damages only and do not pay full compensation both cases.Liability insurance covers civil liability and contract, that tort primarily was through a special agreement for breach of contract. Tort liability insurance is mainly caused by the subject, when violations occur to trigger liability insurance, tort or point in time to determine the time of the accident is insured, it relates to liability insurance damage remedies. While liability insurance for the operation of tort liability rules were a shock, but liability insurance but also to promote the development of tort liability in the main responsibility, prevention functions and so on. As the representative of the enterprise will choose one or more liability insurance to diversify its responsibilities, so when accidents occur, legislators and the judiciary often ignores the internal behavior of individuals, groups and thus bear responsibility for the way more and more attention. Insurer forms of property increased by raising premiums, the premium experience economic burden of the insured, or the exercise of the right of recourse against compensation in certain circumstances, prompting the insured to improve the standard of care, security obligations, thereby complementing the prevention of Tort Law Features.Legislative and judicial practice in the operation, the relationship between liability insurance and tort liability, such as whether the same theoretical research. Although national legislation and judicial practice operations have denied copyright infringement liability insurance liability insurance is affected by the fact, but from the national judicial cases, the court’s decision will remain in the atmosphere by the fact that the liability insurance. Insurability of the risk of affecting the court finds that the defendant whether he has a predictable risk, the insurer instead of making the court finds that the defendant compensation for damage on the property have an advantage over the victim, the accused and therefore tend to bear tort liability for damages, according to the same time case scenario loss victim, to a certain extent, increase the amount of compensation. However, compared with other countries, fewer types of compulsory liability insurance, some people’s livelihood and voluntary liability insurance premiums so high that companies do not want insurance, corporate liability risks are not dispersed. Insurer recourse system is imperfect, so that the insurer operating at a loss of compulsory insurance business, a box gathering social risks, bear enormous social pressure. The average victim compensation based on the insured, and can not completely compensate for true relief.Taking into account China’s existing laws and regulations and the actual situation, the existing types of mandatory liability insurance can not meet the needs of the community, once the major tort damages occurred, mainly the amount of compensation by the State, in fact, unwise. Therefore, China mandatory liability insurance should correspond to the no-fault liability, increase mandatory liability insurance types. Compulsory liability insurance field infringement case, the facts included in the liability insurance for damages considered the scope to expand the scope of relief victims. Perfect recovery system, the balance of risks insured.