| Under the background of risk society,frequent large-scale infringements have caused great damage to social order and public security.Traditional social governance systems cannot properly respond to complex risk management needs,and social governance systems need to be innovated.The embedding of liability insurance,the innovative social governance method with a win-win contract mechanism,pre-establishing the rights and responsibilities of the multi-subjects,so that the contradictory solution effect has relatively certain expectations,without having to go through complicated negotiations and negotiate to determine the relief plan,thereby reducing Governance costs.Liability insurance participates in social pluralistic governance,not only realizes the damage compensation after the accident,but also uses its market-oriented mechanism to effectively resolve social contradictions and disputes within the framework of the rule of law,but its effectiveness depends on good legal mechanisms.Therefore,under the conditions of social pluralistic governance,how to give full play to the contractual rights and responsibilities distribution mechanism of liability insurance? How to establish a multi-subject equality negotiation game platform? This article aims to study the above issues.Based on the above ideas,this paper is divided into five parts to analyze the above problems:The introduction takes the challenge of large-scale infringement risk to social governance as the starting point,and puts forward the problems and research objects of this paper,and sorts out and reviews related literatures as the basis of this paper.The second part explores the goals of social governance and the challenges of a risk society.First,it introduces the basic goals and value orientation of social governance,and provides theoretical premise for the following discussion.Secondly,it discusses the challenges of risk society to social governance.The mass infringement incident is an extreme manifestation of the risk society,restricting the innovation of the social governance system and bringing challenges to the maintenance of social order and public safety.The third part combs the existing relevant relief mechanism's response and limitation to the large-scale infringement incident from the perspective of law and system.Based on this logic,it proposes a new idea of liability insurance to deal with large-scale infringement incidents,and discusses liability insurance and social governance.Coordination function.The fourth part analyzes the commonality and causes of these events through the statistics of large-scale infringement events in recent years,and summarizes and summarizes the applicable value and applicable scenarios of large-scale tort liability insurance.On the basis of the above,the fifth part puts forward the suggestions for perfecting the large-scale tort liability insurance system under the condition of social pluralistic governance,and elaborates on the basic principles and legal mechanism.The construction of the legal mechanism of large-scale tort liability insurance in China should start from the perspective of pluralistic governance,construct the liability insurance model of the dual structure of “voluntary strengthening system”,the legal mechanism of liability insurance to participate in multiple governance,the multi-subject coordination legal mechanism,and the compulsory Liability insurance advances the legal mechanism of liability,with a view to benefiting the governance of large-scale infringements.The innovation of this paper is to discuss the legal mechanism of large-scale tort liability insurance within the framework of social pluralistic governance system,to innovate the social governance model with a win-win liability insurance contract mechanism,and to analyze the large-scale infringement incidents in recent years.To construct a more systematic and pluralistic model of governance,and put forward suggestions for improvement from the perspective of the multi-subjects' legal mechanism of power and responsibility distribution and the construction of multi-subject coordination legal mechanism. |
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