Discussion On Game And Symbiosis Of Liability For Tort And Liability Insurance

With the development of modern society,various types of torts emerge in endlessly,so the liability for tort is constantly developing and deepening,and liability insurance is also continuously developing.The liability for tort has a long history,and the formation of the system has undergone a long evolution,while the liability insurance develops rapidly with the rise of the modern Industrial Revolution in Europe.Both the liability for tort and liability insurance are relief mechanism for tort damages,of which the liability for tort focuses on the responsibility borne by the infringer and the amount of damages,while liability insurance focuses on the scope of compensation arising from the infringer's liability for damages.Therefore,there is a certain game between the two in development,and they also promote symbiosis.This text firstly introduces the definition,legal characteristics,the purpose of both sides and development changes of liability for tort and liability insurance.The liability for tort refers to the civil legal consequences that the civil subject shall bear due to committing a tortious act.It is based on the premise of tortious act,and has various forms of liability.Liability insurance is an insurance contract in which the insured and the insurer agree that the insured's liability for damages to the third party shall be the subject of insurance.Liability insurance has the character of third party and is substitutable in reimbursement,and the amount of insurance is also limited.The liability for tort aims to protect the interests of victims and promote social stability,while the liability insurance aims to disperse the risk of liability for tort and compensate for damages.Secondly,it analyzes the dilemma in reality and theory in both the risk taking of the liability for tort and the legitimacy of liability insurance,as well as the interactive game between them in the development.Thirdly,it analyzes the symbiosis mutually promoted,and the development of the liability for tort has brought opportunities and needs to the liability insurance,which largely improves the risk evaluation of liability insurance and plays an important role in further enhancing liability insurance.The development of liability insurance reduces the risk of the liability for tort,but also has a huge impact on the liability for tort.Finally,it analyzes that the liability for tort is further improved under the protection of liability insurance and the liability insurance is deepened in the perfection of the tort liability system.They are complementary and interactive to promote balance and symbiosis,combine organically for coordinated treatment in the compensation for damage and jointly undertake the task of filling up infringement damage,so as to jointly build the modern relief mechanism for infringement damage compensation.Based on previous research findings,this text explores once again the game and symbiosis of the liability for tort and liability insurance that arouse constant concern in the process of modernization of civil law in today's society,hoping to benefit the development and perfection of both sides.