On The Remedy For Mass Tort

Mass tort cases first appeared in the United States, which has a "homogeneous", the presumption of causation, damage and so the complexity of the consequences. From the perspective of social and economic development, the emergence of mass tort cases and large-scale socialized production are inseparable. In modern society, when a new product or new production methods have been developed, they are no longer confined to a narrow range of people, it may face a region or a country or even the entire world population. If a product in production chain problems, they are also affected by its vast scope. Thus, the solution package complexity, frequent damages group disputes will become more difficult.As we all know, the outbreak of China milk scandal aroused extreme panic. Spread with a wide range of products such violations immediately highlight our laws in response to the lack of mass tort cases. "Poison milk powder" incident caused a lot of tort law in particular on the issue, so we have to think: When infants and young children eat milk cause illness or even death, while the guardian of brand consumption of milk powder mixed with milk or without reservations to buy invoices or evidence can not prove that infant illness and death due to which a brand, how to get relief through the legal channels. This is also the study of mass tort cases have to think about.Today, countries large-scale damages in infringement cases had different approach, establishing a different solution mechanism, such as market share rule, punitive damages, product recall system and so on. These systems to solve large-scale infringement dispute in the course of each have played a positive role. In our country, and not as a mass tort model to include a special new "Tort Liability Act", the settlement mechanism is the distribution of scattered in different laws. Analysis of large-scale infringement that we should be the basis of traditional tort settlement of mass tort cases seeking damages for their problems; in understanding the defects in our legislation on the basis of the rules of drawing favorable market share, improve our already established punitive damages system and product recall system, the establishment of liability insurance system and the compensation fund, and actively safeguard the mass tort cases, the general interests of the victims.