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Research On The Mechanism Of Compensation For Damages Due To Mass Torts

Posted on:2012-11-06Degree:MasterType:Thesis
Country:ChinaCandidate:D WuFull Text:PDF
GTID:2166330332497564Subject:Legal theory
Abstract/Summary:PDF Full Text Request
We live in a society which is full of rapid development of economy and advanced technology. People enjoy a more fast and more convenient life. But it doesn't mean the social environment is security. With the development of the industrialization, people may face more and more risks in the social life. The environment problems and the food safety problems have affected people's lives deeply. In recent years, mass torts happened frequently. The present legal system not only rules it exactly but also in the process of dealing the compensation for damages due to mass torts, victims even could not get a timely and effectively relief. Depend on the existing laws, if victims want to obtain the indemnity, they should sue the tortfeasor and ask the tortfeasor to hold the responsibility. In the course of legal proceedings, there may be many problems, for example, the causal relationship is not certain or the time of litigation is too long. Those problems all may cause that victims can not obtain the indemnity timely. If the tortfeasor can not afford the damages, the victims' lose will not be compensated. In other words, the most important filling function of the tort law isn't realized. Finally, whether the victims can get the damages or not depending on the tortfeasor can afford the damages. If the tortfeasor can not afford the damages, the victims' lose will not be compensated. In other words, the most important filling function of the tort law isn't realized. Considering the mass tort make a serious bad damage, that will cause bad effect to the society. So the author suggests that we should develop the mechanism of compensation for damages due to mass torts. This mechanism and the tort compensation system will play an important role on handling mass tort events.This paper is divided into five parts.The first part analyses the related problems of mass torts. At first, this part introduces the concept of the mass tort. And then, it analyzes the meaning of the concept in two aspects. After we have an understanding on the basic meaning, the author generalized the characters of mass torts. At last, the author tried to analyse the causes of mass torts.The second part analyses the shortcomings of the current mechanism of compensation for damages due to mass torts in our country. At first, this part introduces the current mechanism of compensation for damages due to torts. The mechanism is mainly about the tort liability. After that, the author analyses the the shortcomings of the current mechanism of compensation for damages due to mass torts.The third part analyses the new developments on the mechanism of compensation for damages due to torts. This part introduces two theories. One is the theory of punitive damages, the other one is the theory of market share liability.The fourth part analyses the building of the mechanism of socialization. This part introduces the social background of the building of the mechanism of socialization. After that, the author analyses the legal theoretical basis of the mechanism of socialization. At last, this part introduces the four main models of the mechanism of socialization.The fifth part suggests that it should build the mechanism of compensation for damages due to mass torts in our country. The mechanism of socialization should develop with the traditional mechanism of compensation for damages together. They will solve the problem of damages due to mass torts.
Keywords/Search Tags:mass tort, compensation for damages, punitive damages, mechanism of socialization
PDF Full Text Request
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