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侵权法与责任保险是现代损害赔偿体系中两种重要的制度,二者相互影响:侵权法的发展催生了责任保险,与此同时,责任保险的发展也对侵权法起反作用。两种制度在运行中呈不断融合之势,但在这种不断融合的过程中存在诸多冲突。本文就侵权法与责任保险相融合过程中出现的损害赔偿请求权与责任保险金请求权,损害赔偿请求权与责任保险代位求偿权以及损害赔偿体系中的责任“竞合”等冲突提出了解决办法。
Tort law and liability insurance are two important systems in the modern system of damages. The two are mutually influential: the development of tort law has given rise to liability insurance, and at the same time, the development of liability insurance also has a counterproductive effect on Tort Law. The two systems are constantly merging in operation, but there are many conflicts in this process of continuous integration. In this paper, the conflict between the right of claim and the right of insurance claim, the right of claim for damages and the right of subrogation of liability insurance as well as the responsibility “competing ” in the system of compensation for damages appearing in the process of integration of tort law and liability insurance Proposed solutions.