Theory Of Liability Insurance System's Impact On Tort Liability Law

Liability insurance has seen its amazingly-rapid development in China since 1980 s and extended from single insurance with foreign elements to a liability insurance that is applicable in many industries,like transportation,manufacture and service,etc.and can also adapt itself to various needs.Liability insurances have their unique advantages,for example they can spread risks,make up for losses and avoid over defense.However,liability insurances were frequently questioned.Some scholars believe that liability insurances bring challenges to tort liability law,for they not only transform the liability principle of tort liability from fault liability to no-fault liability but also affect the traditional functions of tort liability law.As private right is increasingly valued in modern society,tort liability law is improving and liability insurance expanding.What's the relationship between them? What affects will liability insurances bring to the supplements,punishments,precautions and other functions of the tort liability laws? How will they make adjustments and adapt to each other in their conflict? Will they form a reasonable compensation mechanism after self-perfection? These are what we discussed in this thesis.In order to explore the possible rules in the complex relationship between them and to figure out whether liability insurance,as a natural product of the development of society,economy and the rules of law,has brought more positive effects or negative effects to tort law,we studied the appearance and development of liability insurance and the improvement history of tort laws to explore how the two contradict with each other and adapt to each other in order to develop.We analyzed some typical cases and compared various types of liability insurance in different countries where tort liability system has been well-established,and finally concluded that liability insurance brought a lot of “positive energy” to the continuous improvement of tort liability law and offered suggestions on how liability insurance and tort liability law can adapt to each other in modern times.The first chapter of this thesis is about the connotation and value of liability insurance,and proves its historical necessity by studying its development.The second chapter is about tort liability law.It reveals the three major functions,supplements,punishment,and prevention,of tort liability law.At the same time,it also mentions the challenges each function meets during its development.The third chapter,the effects of liability insurance to tort liability law,is the emphasis of this these.It proves that liability insurance has never banged tort liability law,on the contrary,it promotes all the functions of the latter: it covers the shortages of tort low in supplement,helps the realization of punishment by setting quota and raising insurance premium and has no negative effects on its prevention function.In the fourth chapter,we discuss how liability insurance and tort liability law perfects themselves under the influence to each other.For tort liability law,we should intensify its legal status,make the definition of “fault” more objective and strict,and specify the no-fault principle.As to liability insurance,it should be more scientific,normative and socialized with the expansion of tort liability law.By methods like adopting floating premium,raising quantity,forming direct claim right of the third party,clarifying the duty to defend of the insurer and establishing a supplement system that combines claim of compensation for damage with claim of liability insurance benefit,we can adjust liability insurance to the changing need of the reality,so as to form a compensation system for infringements with Chinese characteristics and realize the harmony and unity of social and legal effects.This thesis creatively studies how the functions of tort liability law have changed with the development of times and what the relationship between liability insurance and tort liability law is by comparative methods and try to prove that liability insurance has promoted the function of tort liability law.The other innovative point is that by combining foreign development we analyzes that liability insurance doesn't cause crisis to tort liability law.