| Our country is in the significantly transitional period of industrialization and urbanization, and is facing dual challenges of economy transition and social transition. In this period, the events of mass torts, such as environmental disaster, defective products liability, mass occupational injury and public terrorist attacks, rise in frequency and loss. Thus, the German sociologist Ulrich Beck declares that today's society is a society of risk instead of an industrial society, a civilization of risk instead of an industrial civilization. Thanks to developed science and technology, all sorts of risks and predisposing factors are not what they were; all of these become potential danger for the social harmony and stability. With the development of civil law, especially the system of tort law of protecting civil rights is strengthening and perfecting, mass torts infringers are incapable of action in paying huge claims from a large number of victims; some remarkably widespread and high impact accidents even cause more serious secondary disasters and indirect economic loss, and cause great social risk because victims do not receive full compensation. How to deal with increasing events of mass torts, and how to use effective and reasonable damages model to meet victims' economic compensation, become an important issue to research in the fields of law, sociology, economics, etc. The liability insurance, as an important mean for damages in market for its unique role and validity in mass torts damages, gradually raise concern by government, related theory circle and practice circle, and arouse enthusiasm of research scholars. For example, in the areas of food safety liability insurance, environmental pollution liability insurance, nuclear pollution insurance, etc., governmental departments concerned, scholars and practice circle have studied on these issues and the research findings are worth looking forward to.However, the research of mass torts insurance based on liability risk in law, its effectiveness and feasibility are doubted in law field and insurance practice, especially in China where liability insurance is in lagging development. Thus, whether liability insurance afford mass torts damages is a problem that its authority, feasibility, rationality need serious study and scientific proofs instead of hasty conclusion. Although the mass torts liability insurance products already exist in practice, the scientific features and rationality still needs further inspection because of short existence, and lack of data accumulation. In overseas, although mass torts liability insurance is mentioned in literature, the contents are decentralized in detailed types of insurance and the analysis are not systematic and comprehensive; research findings are not rich in theory circle and practice circle. Therefore, construction of mass torts liability system is lack of theoretical guidance and practical support, after reviewing related finding at home and abroad.The thesis is divided into five parts to analyze mass torts liability insurance issue.The first part is about basic theory of mass torts liability insurance compensation. In this part, the basic theory of mass torts and the role positioning of liability insurance in mass torts damage are combed in system. The thesis defines the basic connotation of mass torts from the perspective of liability risk, and compares incidents, man-made catastrophes with mass torts in reality; so that our research horizon is broadened. The statements of mass torts by using qualitative and quantitative analysis will preinstall the logical starting point to the target of follow-up liability insurance compensation objects. The integration of tort liability and liability insurance function, the evolution of liability insurance function brought by tort damages socialization, weakening insurable conditions, and innovation of insurance industry provides theoretical support for constructing mass torts liability insurance system. It is compared to mass torts damages and its feasibility in system. It points out that application of liability insurance in mass torts damages, in accordance with the functional characteristics of liability insurance has positive and powerful externalities, and will play a positive role of "social safety net" to save social cost, and help to promote the concept of social fairness and justice.The second part is about the realistic foundation of mass torts liability insurance compensation system. In this part, the thesis analyzes mass torts liability risk in main fields of our country, from the perspective of current damage and law in China, expounds the application of liability insurance in mass torts damages all around, and evaluates the use of mass torts liability insurance objectively. It is pointed out that mass torts liability insurance system is still absent in our country, just as a kind of insurance business operated by some insurers. It shows low security level of liability insurance in mass torts damages, backward operating skills, and concentrated operating risk. Moreover, due to dodge and strict limitation of mass torts liability risk by insurers, relative insurance products are deficient and double cold situation in supply and demand market of mass torts liability insurance.The third part introduces international experience of mass torts liability insurance compensation. In this part, practice of mass torts liability insurance compensation system in European and American countries such as the United States, Britain, and Germany is analyzed and compared. It finds that legal precedents of mass torts in U.S. courts as well as liability insurance system influence other countries. The legal system changes, the increase of liability claims, the accumulation of mass torts in time and space and widespread influence, promotes the changes and innovation of business model and insurance techniques in mass torts liability insurance. Learning the experiences from these countries and the reality of our country, we have the perception of impact factors on constructing and promoting mass torts liability insurance system in our country, make considerable development of mass torts liability insurance business, and improve mass torts liability insurance system during implementation.The fourth part expresses the construction of mass torts liability insurance compensation system. In this part, the thesis discusses the construction and implementation details of mass torts liability insurance system from the aspects of legislation, insurance compensation model, products design, etc. The basic idea of constructing mass torts liability insurance legal system is to keep on perfecting the legislation in two fields of mass torts and liability insurance, to constantly update and improve supporting policies of mass torts liability insurance law. The thesis point out that, according to the general theory of mass torts and the development of liability insurance in our country, compulsory mass torts liability insurance system is suggested to choose. The thesis also probes into mass torts liability insurance products design in technical level, analyzes with insurance products design principle and formulates the content of mass torts liability insurance contracts and pricing factors.The fifth part focuses on the compensation dilemma and breakthrough of mass torts liability insurance. Based on mass torts liability insurance compensation system, the operating predicament caused by the contradiction of mass torts insurability and affordability is analyzed; dispersing business risk of mass torts liability insurance should be analyzed profoundly from the aspects of insurance business, restrictive provisions design, reinsurance arrangement, capital market transfer, etc.; meanwhile the thesis points out that mass torts liability insurance system should link organically to other compensation forms such as class action, damages fund, first party insurance and social insurance, etc.; the priority principle of all compensation forms should be set in mass torts liability damages system. |
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