Interaction Theory On Liability Insurance And Tort Injury Compensation

Since 1970 s and 1980 s, it’s more inclusive in the academic and judicial areas towards the relationship between liability insurance and tort injury compensation, which play an important role in the remedy system for damage. People have been releaved from the past perspectives that the liability insurance led to the crisis of tort liability and tort injury compensation resulted in the decline of liability insurance. An increasing number of scholars and judges are beginning to envisage the interaction between them, which is not only mutual complement but also fuzzy boundaries. Particularly since the promulgation of China’s Tort Liability Law in 2010, the scholars in our country pay more attention to the interaction between liability insurance and tort injury compensation. In light of that, starting from the origin and characteristics of liability insurance and remedy for damage with civil liability as medium, the essay discusses the role and features of them in the tort damage relief system. On the basis of analysis on the existing attitude towards the relationship between liability insurance and tort injury compensation in the United States, Germany, which are the represent of common law system and continental law system, especially that of their courts, it analyses present states and problems existing in most countries now, accordingly, the best route is put forward aiming at optimizing this interactive relationship in practise.The first part mainly introduces the related conceptions about liability insurance and tort injury compensation. Based on a thorough investigation of definition and characteristic, development and reality, the paper determines the point of intersection of integration and interaction. On this basis, the dissertation explores the way and route of the interaction. The second part is aimed at discussing and analyzing the relationship between liability insurance and tort injury compensation in the United States, Germany, especially on the perspective of court judgments. The third part sums up the existing path of interactive relationship and find out points of intersection through the analysis on present situation of the above mentioned countries, for the sake of consumption between each other takes a great toll on the timely and effective sense of fairness for tortfeasors, victims, insuers and the public.The last part gives some suggestions on establishing the better interaction between liability insurance and tort damage compensation. Analysising the present situation of interactive relationship, it’s not hard to detect that they have gradually developed a unique route as the indispensable components in the remedy system for damage since the beginning of the 20 th century. On this condition, mutual complementary relations are developed on the basis of the tort damage relief system and the network built by a variety of legal relationship.In the context of the gradual improvement of the environment, the role played by liability insurance in the remedy system is constantly increasing, and even becomes fundamental pillar to support the multi-level assistance system of tort damages. With the shift of people’s risk perception from avoidance to envisage, the insurance market and system of the law for tort should make corresponding adjustment to keep up with the social value concept of distributive justice, in case of staying on the concept of corrective justice. The research further articulates the role of individual, society and country in the remedy system during transformation, so as to make the relief much more effective and fair under the double guarantee of liability insurance and tort injury compensation.