论责任保险制度对侵权责任法的影响-法学专业论文.docxVIP

ABSTRACTLiability ABSTRACT Liability insurance has its amazingly—rapid development in China since 1 980s and extended from single insurance with foreign elements to liability insurance that is applicable in many industries，like transportation，manufacture and service，etc．and also adapt itself to various needs．Liability insurances have their unique advantages，for example they spread risks，make up for losses and avoid 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 modem 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 reasonable compensation mechanism after self-perfection?These 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 natural product of the development of society，economy and the rules of law，has brought more positive effects 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 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 lot of‘‘positive energy’’to the continuous improvement of tort liability law and offered suggestion