A Study On The Relief Mechanism Of Mass Damage In China

Modern society’s industry and commerce is increasingly developed, followed by food safety, product liability, medical services, environmental pollution and other fields of collective disputes constantly emerging, which make our lives fall into panic and anxiety. Mass tort is a concentrated expression of the high-risk of this modern society, such events are no longer the traditional "one vs one " lawsuits, because the victims of this mass tort cases may be as many as tens of thousands of persons. If every victim bring out its own case, the process will inevitably affect the efficiency of litigation and the cost of litigation will be too high to stand, let alone each different case has its own complicity. So if every victim goes on its individual case, it is contrary to the economic proceedings principle. Due to the particularity of mass tort, many of the victims are caught in financial trouble and do wonder how to seek relief, which eventually leading to huge damages of public interests. A single compensation mechanism is not enough to handle mass tort, the traditional tort liability law is not enough to rescue most of mass tort victims. When it comes to take the challenges of this risk society, many countries developed a variety of relief mechanism to deal with mass tort cases and achieved significant results in practice area, but China has not yet formed an effective diversification mechanism, governments’administrative intervention is the main way to seek relief. According to the defects in the existing mass tort relief system and relief mode in China, building a diversified mass tort relief mechanism is imperative. By analyzing the current situation and the plight of China’s large-scale tort relief, and based on its own national conditions and the advanced experience of other countries’system, to construct a wide range of relief mode, together with the risk awareness, the concept of social compensation infiltrated into the system innovation, the government, society, litigation and other fields are all needed to be reformed, the establishment of a wide range of victim relief mechanism to provide victims with timely, effective, fair, comprehensive relief and protection is highly expected.Based on this, this paper mainly discussed three parts of the mass tort relief diversified mechanism:the first part is the status quo of China’s large-scale tort relief, and the analysis of the problems of this mechanism, to highlight the China’s current mass tort damage relief the complexity and the plight of the urgently needed to be addressed.The second part discussed the relief program combined with the foreign litigation system, in order to get experience from foreign advanced system to improve our mass tort relief program. The article mainly discussed the improvement of representative litigation system in China and the re-positioning of the bankruptcy liquidation procedure to promote China’s large-scale infringements procedures commonly.The third part discussed the diversified relief pattern other than the traditional litigation, including the administrative remedies, liability insurance, relief funds, and other relief mechanism. And based on the national conditions to improvement and localize and all these modes, trying to build a diversified and integrated relief mode including the government relief, social relief and legal relief to combine the traditional tort methods and the non-traditional tort relief ways to play an important role from different angles, to achieve the maximum protection of the victims’ rights, to promote a harmonious, stable and developing society.