The Study Of The Insurable Of Punitive Damages In Liability Insurance

From the production to the development,all kinds of disputes about punitive damages liability system is never interrupted.Punitive damages liability system has already been acknowledged in the consumers' rights and interests protection law as early as in our country.But,there are some differences on the insurable property of the punitive damages liability.It is controversy that whether punitive damages liability can transfer risk through the liability insurance.Liability insurance refers to the insurance that the insured to a third person to deal with the liability to pay compensation in accordance with the law.Although the legislation and judicial practice of liability insurance principle in our country at present is compensatory principle.But,principle of compensatory damages is not enough to prevent dishonest behavior of the insurer.So,whether to apply punitive damages in liability insurance liability is controversial.When considering the negative influence of liability insurance of punitive damages,that it may be possible to eliminate the need for the punitive damages responsibility punishment and deterrence function,and it may make society ultimately bearing close economic and moral loophole.It doesn't seem should admit punitive damages liability insurable property.But while on the other hand to consider that liability insurance can also be a considerable positive impact on punitive damages liability,then admit punitive damages of insurable property is reasonable.Because it can protect the victim to get damage relief better,and guarantee insurance company the good faith management and stimulate itself creativity,ensure sustainable sound development.And to punitive damages for breach of these questions is the identification of nature of liability.How to define the nature of the punitive damages responsibility,is directly related to whether the responsibility has insurable.Traditional,more common battle over the public and private law is likely to make the responsibility system development stagnation,even let the liability system theory stay in reasonable,is whether the system of punitive damages liability should be abolished the endless cycle of argument.By foreign emerging legal analysis about the system of punitive damages liability,namely social nature to claim punitive damages in liability insurance liability to pay compensation should have insurable property,can lay the solid theoretical basis for its further development.On the punitive damages responsibility of insurable problems,there is more profound legal basis and more abundant judicial practice experience in the United States.It can for our system of punitive damages in liability insurance start to provide beneficial experience and for punitive damages liability ought of insurable property,the necessity for reference.Among them,the relevant precedent can give us enlightenment:create a unified punitive damages segmented binary decision system.This can be in a better relief to the victim,prevent the victim from the risk of moral hazard at the same time,also make the process of the large-scale infringement cases of more efficient,meet the requirements of the efficiency of the market economy development.At the same time,the public part of the punitive damages pools can be arranged or to establish a professional money management team or department,if necessary,also can follow the insurance companies set up a special insurance system,to improve the efficiency of the punitive damages issue at the same time,also can let the punitive damages in place better.