论保险制度对侵权行为法的影响-民商法学专业论文.docxVIP

3 3 生了深远的影响。这些影响促使侵权行为法不得不作出一系列调整，然而 这都不足以使侵权行为法产生真正的危机。但是，在损失分担与事故救济 方面，仅靠侵权行为法内部的变革，已无法适应社会发展的需要。我国未 来的《侵权行为法》损害救济体制的模式应当告别传统侵权行为法一统天 下的局面，形成侵权责任、责任保险和社会保险三足鼎立的格局。 关键词：责任保险；社会保险； 侵权行为法的危机；侵权救济体系 PAGE PAGE 1 Abstract Tort law is the most important law in the area of damages system. It has played a tremendous role in the maintenance of public order and promoting social economic development. However, along with economic development and social life of change, tort law has increasingly come under the impact of other systems. In such circumstances, tort law has also had to adjust its systems, so as to adapt to the changing social life. For a series of tort law changes, many people think that tort law is in crisis and will eventually perish. The largest impact of tort law is the insurance system, with liability insurance and social insurance is particularly notable. In current China, the Tort Law and the Social Insurance Law have been put on the legislative agenda, so we need to discuss the relationship between the two. The paper is about the impact of the insurance system on tort law .And the writer discusses the relationship between liability insurance, social insurance and tort law ，adopting the ways of analytical jurisprudence, comparative jurisprudence and juridical economics. Then the writer proposes some ideas on the future of China Tort Liability System. This paper is divided into the introduction, the text and the conclusion. The introduction leads to the exposition of the text, then the text is divided into four parts: The first part introduces the liability insurance on the impact of tort law. It begins with the creation and development of that liability insurance. Liability insurance is the product of risk transference, and playing an increasingly important role in the rapid development of modern industry. Then this part focuses on four aspects of the liability insurance on the impact of tort law: First, it strengthens the compensation of tort law