Research On The System Of Large - Scale Infringement Damage For Defective Products

Study about defective products infringements’detrimental impact on Social Compensation System.This dissertation conducts a comprehensive analysis on mass torts aroused by "Sanlu milk powder scandal". It primarily focuses on the definition of mass torts, and reveals four primary underlying reasons, which are Changes in the mode of production in human society; development in the natural environment; uncertainties in technological innovation and human cognitive limitations.For mass torts, it is necessary to define "infringement" and "responsibilities" in the first place. After analyzing the three key factors:product, defect, causal relations; the author delimits the two aforementioned conception, and reaches a solution by establishing a Compensation System.After damage occurs, we need to focus on the rights of victims and response to the problem directly. Improper approaches are prone to affect social harmony and stability, especially when a large number of victims are involved. Therefore, in such cases, it is an urgent need for us to carry out profound analysis and research, in order to establish effective compensational system.Firstly, to compensate for the lost of the defective product, one should resort to the tort law within the existing system. We should adhere to the infringement of the Elements, taking into account both the victims’legal right and the protection of the basic freedom of the company, to realize tort compensation, punishment and prevention according to our law. Mass infringement incidents, however, may lead to major social problems. With the increase of the victim’s size, the effectiveness of the law will decline, thus failing to achieve its default function.Secondly, the perspective in the field of tort law changes alongside with the development in social and economic sphere. Continuing to blame the perpetrator only is a narrow-minded thinking, because such compensation approach may eventually prevent victims from receiving compensation. Thus, a new compensation approach is needed, which have to stop simply equating infringement to disputes between people, but start treating it as a system of social risk instead. By regarding it as a social risk, we can make use of the distinctive characteristics of commercial insurance, for example, mutual aid and dispersion, to alleviate the damage caused by large-scale infringement. In modern society, liability insurance plays a positive role in preserving a stable social order, promoting justice, and improving existing compensational legal system.Thirdly, when mass torts occurs, the establishment of Compensation Fund is desired. This Compensation Fund can ensure basic living condition and medical treatment; avoid the unreasonable distribution of infringement responsibilities among citizens resulted from the over-reliance on the State’s financial support. Moreover, it also capable of reaching the potential victim before the damage occurs. Its reputation of promptness and liability has also gained recognition worldwide. Therefore, this approach should be included into our Compensation System for its effectiveness in tackling mass infringement problems.Nonetheless, any kind of system is not all-powerful. Monotonous compensation System can not fully satisfy the needs of victims in large-scale infringement of defective products. Only by building a mature Compensation System, can we provide victims with prompt and effective compensation approach and alleviate its negative impact on the social order.