The Compensation Fund For Damage Of Mass Torts

Since the industrial revolution in modern times, industrial accidents occurred frequently and social risks increased significantly. Especially in the modern society, the new technology and production methods not only failed to reduce the risk, but also made the personal safety in the fields of social life have to be faced threaten more and more increasingly and complex. Different kinds of risks, including but not limited, product damages, traffic accidents, the tragic accidents of environmental pollution and tragedy in the large-scale events, which always involved a large number of rights and legal interests of the victim’s damage, may occur in all fields of social life. All of these kinds of risks proposed some new problems, including how to compensate the victim’s damage, balance the interests of the offender and the victim and other new challenges.Before the tort liability law enacted and came into effect formally in our country, some scholars and experts on tort law from home and abroad deeply discussed the historical development and contemporary mission for a long period. During this period, some domestic scholars keenly registered the new point in torts’development. That is mass torts and related damage. Actually, these scholars wrote some articles to discuss and analysis this kind of subject. However, the terms and rules about mass torts, at the end, are not accepted by legislation and stipulation. There is not any term at all about mass torts in the tort liability law. Even though, most of those articles or points in this period lead to a new direction of the development of the tort law, and create a new field for many scholars to deepen their tort law study field.This dissertation begins with the historical evolution of mass torts, first analysis the social background and historical inevitability of mass torts, induces different kind of mass torts, concludes basic characteristics of the mass torts, and then finds the special characteristics in the process of relief of mass tort. As a result, people gradually realized that it is difficult to undertake compensation tasks in mass torts only by the traditional tort theory and system of rules alone, more and more scholars called for the "multiple" or "comprehensive" system to solve this kind of social problem.Based on the reality and theoretical basis, and the comprehensive elaboration, the basic connotation and characteristics of large-scale damage, and all kinds of domestic and foreign existing compensation fund mechanism, this dissertation demonstrates compensation fund has the unique significance in mass tort damages and function, in the final analysis compensation fund system in our country in the future the rationality and feasibility of mass tort relief. This article is divided into seven parts:The first part is introduction, mainly introduced the mass tort compensation fund research background and significance, analyzing summarizing related research achievements at home and abroad, elaborated the paper research methods, and put forward the innovation of the paper and deficiencies.The second part of the dissertation is focused on mass torts and damage. First of all, mass torts shall be defined, and analyzes its basic characteristics, secondly analyzes the causes of frequency of mass torts in modern society and the social background, finally puts forward the particularity of mass tort.The third part is the analysis of the existing compensation system in response to mass tort relief on existing problems.Tort law, liability insurance and social security of mass torts played the fill the damage, relief victims. However, because of the particularity of mass torts, these kinds of mechanisms have disadvantages in respond to mass torts.The fourth part discusses the mass tort compensation fund is a proven to be effective mass tort relief way, not only conforms to the risk society under the background of social policy considerations, also complied with damages social development trend. The Fifth part of the dissertation applied the method of comparative law to outside of mass tort compensation fund, with emphasis on the practical experience, introduce the background of the compensation fund operation and application, damage compensation standards and implementation effect, the evaluation and put forward to draw lessons from the experience.The sixth part of the dissertation focuses on our country’s mass torts relief and the fund system construction problems. At the beginning, the dissertation analyses of the mass tort compensation fund in our country preliminary exploration and shortcomings.The seventh part of the dissertation bases on previous discussion, and proposes the innovation of our country in the future to set compensation fund system should focus on consideration of some of the key factors, and should adopt the corresponding system and rules.The last part of dissertation is carried out on the above discussion induction and summary, and the institutionalization of mass tort compensation fund in our country in the future.