On Remedies Of Mass Torts Disputes From Social Law Perspective

Mass torts is the prevailing phenomenon in modern society, which brings about the problem of equity and justice in the whole world. Many methods has been taken to defense the mass torts, such as the punitive damages and class action in US , the model action and the disgorgement action in German. Since the representative action and punitive damages is not fully applied in our country, the group interests and society benefits are lack of protection in cases of mass torts.The thesis is based on the analysis of the theories of social law to define the definition and the characteristics of mass torts, and then make analysis of the legislative status of mass torts in other countries from different angles. From the inspirations, this thesis then proposes to solve the problem of mass torts from the angel of social law in our country.Based on the theoretical analysis, this thesis proposes some opinions and tentative plans as follows: firstly, since China has a traditional misunderstanding of the legislative status of punitive damages in US, we should make some modifications to the understanding of this system to avoid the mechanical copy in our country; secondly, the relief of mass torts should put more emphasizes on the justifiable procedure to make rational compensation and to avoid the judicial waste and inefficiency; thirdly, the mass torts should be put into three catalogues and apply different juridical procedures according to their corresponding traits; fina lly, from the inspirations of disgorgement in German, the vulnerable groups should be granted the legal subjects qualification by legislation so that some mass torts can be eliminated by litigation.