关键词: 疏忽责任制, 注意, 责任保险, 信息的价值

Abstract: In this paper, we study the two important characteristics of the negligence liability in the tort law system. #br#First of all, according to the analysis of unilateral model, we know the excessive strict industry standard in negligence responsibility system will not restrain the enterprise′s risk activities, because they can choose to become “negligence” and not need to endure the prevention cost too much. #br#Secondly, we show the reasons that although there is no liability insurance requirement in the negligence liability system, but in fact the countries with the negligence liability system own a developed liability insurance market. #br#Finally, based on a information model, this paper gives two necessary conditions for the existence of liability insurance: one is the value of information must be positive; the another is the cost of stop must be greater than the sum of the insurance cost and the care cost which can satisfy the “negligence” standard. #br# 

Key words: negligence liability, care, liability insurance, the value of information