一、问题源起:侵权诉讼爆炸和单一价值取向的现实诉讼爆炸:有诉必赔的热情助推。在我们进入社会高度发展的时期的同时,也似乎进入了诉讼爆炸的时代,诉讼案件逐年攀升,涉及侵权责任的案件更是在其中占了主要份额。侵权责任诉讼案件的增加使司法资源愈发紧张,而且侵权诉讼的增加也说明潜在的矛盾已进入诉讼程序,随着诉讼的推进可能使矛盾进一步激化。诉讼爆炸性上升,除了人们的权利意识觉醒和风险、事故增多的原因外,离不开司法上有诉必赔的热情助推,一些典型案件能从侧面反映这种情况。如某案件,被告甲驾驶货车临时停靠乡村公路边上,乙、丙醉酒共驾驶摩托高速行驶,躲闪不及撞上临时停靠的货车,乙、丙丧生,两者的家属向甲索赔。乙、丙均有妻小,且家境贫困,丧葬费等都 First, the source of the problem: the explosion of litigation and a single value orientation of the actual litigation explosion: a lawsuit must be compensated enthusiasm boost. At the same time as we entered the highly developed period of our society, it seems that we have entered an era of litigation explosion. Litigation cases have been rising year by year, and the cases involving tort liability have made up a major share. The increase of litigation cases of tort causes the judicial resources more and more nervous, and the increase of tort litigation also indicates that the potential contradictions have entered the litigation process. As litigation progresses, the conflicts may further intensify. In addition to the awakening and risk-taking of people’s rights and the reasons for the increased number of accidents, the explosive rise of litigation can not be separated from the enthusiasm of judicatory litigation. Some typical cases can reflect this situation from the side. In one case, Defendant A temporarily stopped at the edge of a village road with his truck. B and C drunk his motorbike at a high speed and dodged and collided with the truck temporarily parked. B, C both have small wives, and the family poverty, funeral expenses and so on