| Recently, with the development of social economy and technology, the frequent happening of sudden public security incident causes worldwide attention. In China, it’s not permanent solution to mainly depend on government relief to deal with the multiple losses caused by sudden public security incident, the civil and commercial law for sudden public security incident is dispersive and difficult to format the system, the organic combination of legal effect and social effect is hard to reach, which caused various losses unable to get timely, valid and integral compensate. Take the civil and commercial legal field as a breakthrough point, integrated with the specific national conditions, trying to construct a civil and commercial law system to deal with sudden public security incident should contribute to promote the legal construction of civil and commercial law field, to increase the protection right of civil rights subject, and to boost the progressive of harmonious society in our country.This paper clarified the background and significance of research on civil and commercial law for sudden public security incident. Starting with the theory of sudden public security incident, the implication and state of sudden public security incident are introduced, its legal attribute is analyzed, and the civil and commercial legal issue caused is induced. Take America and Japan as an example, the practice of civil and commercial law for sudden public security incident in foreign country is elaborated, and the successful legislative experience that we can take for reference is summarized. Combining with the current law state in our country, the shortage and matter existing in civil and commercial response system are analyzed, then, catastrophe commercial insurance system, liability insurance system and funding system are attempt to established to deal with sudden public security incident using literature research method, comparative research method, etc. As an innovation, this paper put forward to bring compulsory insurance into commercial insurance, to build assemble insurance model with commercial insurance company and commercialization of public funds, which accelerate the research of sudden public security incident from the point of civil and commercial law. Take reference of foreign successful law mode and slam the places not suitable for our conditions, a civil and commercial legal system to deal with sudden public security incident that is realistic and feasible is designed, which will be the key point to perfect the legal system construction of commercial field. |
