Research On The Sharing-Responsibility Mechanism For Personal Injury

Two important problems need to be solved in the modern society with increasing in advance,the second one is how to compensate for the damage and achieve effective relief afterwards.In order to solve these problems,every country has taken different forms of injury relief programs.Social insurance,commercial insurance and tort liability law are the most common ones.Although these three have different principal mechanism and operational rules,they complement each other or are completely opposite in different damage accidents,and all realize the function of filling in the loss of the victim by means of money compensation in different degrees.Therefore,the key point of this paper is to perfect the three systems and make their internal integration and concerted efforts.This paper focuses on the theme of "sharing-responsibility mechanism for personal injury",and studies it from five aspects:the first part is to sort out the basic theories and clarify the legal arguments.The second part discusses the basic theory and specific operation of social insurance system to relieve personal injury from the perspective of industrial accidents.The third part,from the perspective of motor vehicle traffic accidents,discusses the changes of adjustment measures of commercial insurance to motor vehicle traffic accidents,especially the emergence and development of liability insurance system.The fourth part,from the perspective of medical accidents,discusses the changes and development of tort liability law in dealing with medical accidents,and introduces the gradually rising medical liability insurance relief program.The fifth part is a comparative study of the role of social insurance and liability insurance in tort law based on the previous review.As for the future development of personal injury relief in China,this paper concludes that: on the premise of adhering to the sharing mechanism,we should develop and broaden the application scope of liability insurance based on tort liability law,and gradually realize the transformation and upgrading of social insurance system.At the same time,we should pay attention to the development of multiple public compensation system,and improve the awareness of risk prevention of the whole people.Certainly,in terms of the fact that tort liability law is the main basis of non property damage compensation,in order to further realize the perfect relief for the individual who suffered from an accident,tort liability law should also pay attention to the legislative reform of non property damage compensation.