社会保险对侵权救济的影响及其发展

无过错责任原则的确立促进了损失承担方式的多元化发展。对职业伤害的赔偿经历了从过错责任到无过错责任再到工伤保险的过程,社会保险的出现对侵权行为法的适用带来了很大的影响。社会保险和侵权救济的功能不同．在填补损失方面两者也存在差异。应当在扬长避短和合理分配社会资源的原则下协调社会保险法和侵权行为法的关系,以期在一种最佳的制度协调中实现对公民的救济和保护。

The Influence of Social Security on Tort Relief and Its Development

The establishment of no - fault liability principle facilitates the plural forms of liabilities for damages. As regards to the damages for employment injury, the principle of liabilities transfers from fault to no - fault, and employment insurance at last. With the turn up of employment insurance, the application of tort law is changing to some extent. However, we should be awareness of the differences between employment insurance and tort law, especially on the function and the effects of remedies for damages. Based on this, guided by the principles of reasonable distribution of social resources and making full use of the strength and avoiding the weakness of both rules, we shall harmonize employment insurance law and tort law to realize the remedy and protection for citizens with a primely harmonious system.