Establishment of Socializing Mechanism of Tort Damages
|School||Jiangxi University of Finance|
|Course||Civil and Commercial Law|
|Keywords||tort damages the socializing mechanism public policy risk society|
In modern society,the contradictions are conspicuous,disaster risks everywhere, while large-scale occurrence of abuses is very broad in scope,which impacts fairly Extensive.How to solve the problem has been the major topics of the entire economic and social development.The thesis,to Sanlu milk powder incident as an example, intends to review the traditional mechanism of tort damages,and thus leads to the changes of socializing mechanism based on traditional tort damages of one-sided mechanism.Through the elaboration of the value and content of the tort damages in the various community-based mechanism system,the author demonstrates the establishment of socializing mechanism of tort damages in the need for public policy considerations,and conceives establishment and improvement of the socializing mechanism of tort damages.The paper consists of four parts.Part One:review of the traditional tort damages mechanismThis part mainly devoted to traditional tort damages mechanisms for review.Firstly, this section refers to the former as the core mechanism of the prime time,and played an important role in history.However,in the new society under the new situation,fault liability for tort damages as the core mechanism causation,is facing challenges in theory and practice in the regard of fault liability,Causality and the way the request of Tort damages.No-fault principle,as a remedy defects in the principle of fault liability, The author also discusses the new problems of the existence.Part Two:transformation from traditional tort damages of one-sided mechanism to the socializing mechanismsThat part of the commitment explains the mechanism of the tort damages in the new development trends(the socializing mechanisms).At this point,through describing in detail the economic and social backgrounds and ideological concepts,which of the transformation from traditional tort damages of one-sided mechanism to the socializing mechanisms,The author analysis on construction of the socializing mechanisms, including justice,fairness,freedom and efficiency and so on.according to the value conflicts in the progress of socializing mechanisms’ establishment and operation,The author also arises and put forward his own way of balance and solution.Part Three:public policy considerations of tort damages of socializing mechanismsThe above two parts focused on analysis on and discussing the related issue of tort damages mechanisms in tort law,but the frequent problems involve large-scale violations led to the socio-economic aspects,and the Government,as the most important providers of public goods,play an important role in the tort damages the socializing mechanism and public policy,that is government intervention in the use of large-scale violations of the most important ways.Therefore,this section outlines the concept of public policy,public policy development history of science etc.,introduces the necessity of public policy considerations,and set out to solve social problems by means of public policy to address the mass tort provision of new paths.Part Four:the establishment of tort damages of socializing mechanismsRisk society,whose social problems are numerous and complex for any single system can not be a complete solution.The establishment of socializing mechanism of tort damages that is sought in many ways,multi-level,extra-legal means to better address the issue of tort damages.This section proposed the establishment of tort damages in socializing mechanism,through the tort damages mechanism for the development of China’s introduction of the status,provide details,including tort law system,liability insurance system,the social security system,administrative compensation system,the compensation fund system of tort damages,including the socializing mechanisms of the establishment and improvement recommendations.