论文部分内容阅读
责任保险的创设即为分散基于自身原因而可能对他人承担的损害赔偿责任的主体的经济风险,然而这一主旨却似乎削弱甚至违背了惩罚性损害赔偿责任的设置功用。本文即围绕责任保险的承保范围是否包含惩罚性损害赔偿责任,且如若立法未加限制,则该如何协调二者的潜在矛盾,使得该两种制度都发挥其良性作用,而无害于社会公益等展开论述。
The creation of liability insurance is to disperse the economic risk of the subject liable for damages to others based on its own reasons. However, this principle seems to weaken or even violate the setting function of the punitive damages liability. This article focuses on whether the scope of coverage of liability insurance includes the responsibility of punitive damages and how to coordinate the potential contradictions between the two if the legislation is not limited so that the two systems play their virtuous role without harm to social welfare And other discussions.