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在因侵权遭受损害时,追究侵害人的侵权责任对于权益受损的人来说是非常重要的一种救济手段。这一点,不管是在大陆法系抑或英美法系均是如此。然而,随着19世纪责任保险在法国的兴起,由于责任保险在解决纠纷和对当事人提供救济方面的高效性,其应用范围也越来越广泛,这对传统的侵权责任的理论和实践都产生了极大的冲击。而关于如何看待这两种制度的功能,如何处理这两者之间的关系,学者们也是莫衷一是,并未形成统一的观点。为此,肯尼斯·S.亚伯拉罕在其《责任的世纪》一书中详细论述了侵权责任与责任保险之间的关系并提出其独特看法。本文旨在对《责任的世纪》的有关内容进行评述,希望在此基础上能对以上问题的解决提供有益参考。
In the case of damages inflicted upon infringement, investigating the infringer’s liability for infringement is a very important remedy for those who suffer damage to their rights and interests. This is true either in the civil law system or in Anglo-American law. However, with the rise of liability insurance in France in the 19th century, due to the high efficiency of liability insurance in settling disputes and providing remedies to parties, its scope of application is also becoming more and more widespread, which has resulted in the theory and practice of traditional tort liability A great impact. As to how to treat the functions of these two systems and how to deal with the relationship between the two, the scholars have different opinions and do not form a unified view. To this end, Kenneth S. Abraham elaborated in his “The Century of Responsibility” a detailed account of the relationship between tort liability and liability insurance and made his unique view. The purpose of this essay is to comment on the relevant content of the “century of responsibility”, hoping to provide a useful reference for the solution to these problems on this basis.