The Research On Mass Tort Relief Mechanism

Mass tort which is caused by the same or homogeneous mass tort, resulting in a huge number of victims and the consequences of the damage, the tort liability law damages system is difficult to effectively remedy violations.Mass tort has many characteristics, such as many victims, huge damage, causality uncertain, damage relief difficult.From the nature of the analysis, mass tort may be general tort, it could also be a special infringement.Therefore, mass tort is not a new type of special tort.On the basis of size of tort, Violations can be divided into ordinary tort and mass tort.Mass tort relief is not only the mass tort of typical characteristics of different from common infringement behavior, but also to be cracked social issue.Tort Liability Law with fault liability for the soul, to cope with predictability and certainty damage for a mission, to protect the private rights as the goal.The cause behavior and damage results of mass toss have uncertainties, unpredictability, huge tort overflow category of private law and as public nuisance properties.The remedy damages system of tort law is difficult to effectively mass tort damage.Currently, With its high efficiency and convenient, executive-led mode of relief as mass torts mains relief pattern, However contrary to the spirit of democratic rule of law, the lack of a legal basis, the dislocation of bearing the main responsibility, prevention function weaken sanctions is also very obvious, and therefore suffering from academic criticism.The socialization relief system of tort damages is spawning by the realistic need of mass tort relief the tort damages, Socialization of tort relief system is to transfer individuals loss shared by members of the community by members of the society.The theoretical basis of socialization of tort damages system constitutes by From corrective justice to justice concept change of distribution justice, interests balance theory and social associated thought.The realistic base of socialized system of compensation is supported by the mass tort damages of risk society、the existing system of tort damages remedy deficiencies, the liability insurance、the compensation fund, and so on.When structures the system of the social tort damages, We should be based on security, justice as the value pursuit, When designed the system, We Should insist on the principle of proportion on system design, the principle of complementary and coordinated relief function and punishment function principle.When established the system of social mass tort, We should adhere to the compensate function realization as the goal, and not be out of the scope of civil liability law category.The liability insurance is the first attempt to the social relief of tort damages, As a specific implementation methods, The social relief system of mass tort damages have both necessity and feasibility.The necessity main performance in:Effective relief for victims, Reasonable protection of the offender, Reducing social cost and Embodying fairness and justice value concept.The feasibility main performance in: Through adjusting the insurability of traditional concepts, mass tort insurable risks can be incorporated into the risk category.The ideological base of liability insurance including the change of Justice idea, Civil law from individualism to social standard.In contrast, Liability insurance has not play its role of mass tort relief。 We should build mass tort relief system of liability insurance, From the pattern selection, plant design, insurance rate, limitation of liability, liability limit, insurance agency, insurance programs, etc.In addition, Innovation underwriting and risk management mechanisms, Liability Insurance maximize play to relief to the victims of mass tort.Compensation Fund is the importance guarantee, Which achieve the goal of mass tort damages social relief system.The production of compensation fund is according to the ethical demands of protecting the weakness, the responsibility of political country, and the pursuit of law value. As a new attempt, The compensation fund system is also both the necessity and feasibility.The necessity major performance in:Compensation Fund is timely and efficient, comprehensive security and stability long-term, effectively balancing the interesting of the various subjects.The feasibility major performance in:Compensation Fund is according to the concept of fairness and justice, highlighting the need for relief to the victim-centered, Providing material and experience of foreign mature regime on the compensation fund, actively trying of domestic large-scale relief infringement damages.Next, we should build the system of compensation fund, Which choosing from the scope of compensation fund, the relief of compensation fund, the standard of payment, the mechanisms of compensation fund, the raising and management and use of the compensation fund, the institutions of management.Currently, the liability insurance and compensation fund system mainly basing on a single line of scattered legislation.And the existing law is abstract and principle, failing to establish a standardized and systematic legal system.As the mode of legislation, There are three modes to choose from.The first mode is embedding Tort Law, The second mode is drawing up the mass tort damages socialization Relief Act.The third mode is to take special legislative.Combined with the advantages and disadvantages of the three legislative mode and the realities. We should adopt a hybrid model.The Specific legislative approach is to put principles of tort liability and social relief system imputation tort Liability act, and to the applying object of liability insurance and compensation fund, the scope of relief, the liability limits of compensation, the procedures of claims, the timeliness of claims embedded in special legislation.By the theory of mass tort damages socialization relief rise to the legislative level, We could properly resolve the relief issues of the current large-scale infringement.