| Today's society is a peril and damage to the times. Coal mine collapse, water seepage event occurs after another; Car accident shows every day, accident of plain is crash occurred; Increasingly serious environmental pollution hazards; Toxic and hazardous food, medicine, decoration materials flooding the market; Damage incurred by many other victims of the events is endless. Therefore, frequent occurrence of mass torts as strong today.In the advancement of technology, high socio-economic development, urbanization, population density in the city, the Government plans are unreasonable, ineffective implementation of laws and other factors lead to violations of mass torts have occurred, which caused many victims of personal injury, property damage, Spiritual damage and damage to other interests. It is import that system is constructed to prevent damage of mass torts. Scientific uncertainties lead to damage of mass torts. It is important to construct relief mechanism of mass torts in risky society.Mass torts for the prevention and filled circles in our country, built the present system only from the standpoint of liability insurance for liability from tort law and the social security system, a system that build small, even if made, perspective is also not the same. I propose mass torts mechanism Infringement of the three aspects of system construction:relief of mass torts, no-fault compensation system and the social security system.First of all, the author from cases of mass torts occurred at home and abroad to start introducing mass torts of the basic theory:concepts, characteristics, damage. This proposed large-scale infringement damages, no-fault compensation, social security benefits system.Second, I propose damages system mass torts. Long history of tort damages system, which is due to wrongful act causing personal injury to victims, property damage, mental damage, as a type of debt has to fill the damage, injury prevention and sanction of the function. Through the civil law countries and common law countries, the theory of mass tort law requirements and procedures of construction of our country in the Tort Liability Act "probability of causality", "market share liability theory", "punitive damages", while in the program Law learn German "group action" system to help victims assert their right to appealAgain by other major countries and regions of no-fault compensation system which reveals the no-fault compensation system for our current situation and trends in hair Zhang:Construction of mass torts damage liability insurance system, and complete construction of its compensation fund for mass torts subject is not clear, or clear, but the main responsibility of affordability is not the main responsibility to compensate victims of the damage.Fourth damage of mass torts of social security play act important role. The author puts forward mass torts of social security from the concept, functions, the theoretical basis of social security and social security systems of developed country to compensate damage.The fifth for the relationship of infringement damages or compensation system, they exists confliction and collaboration between law of tort, no-fault compensation system and the social security system. Many countries have model of damages or compensation and relief model. Against the victim had been seriously damaged and compensation did not reach the designated position, the author proposed that the damage filled model is filled in property damage of mass torts. Adding mode is filled in personal injury of mass torts in order to show respect for life and human rights. With the development of economy, the remedy mechanism is adjusted keeping pace with the times. Through to the victim compensation or make up for in order to reduce social unrest and unstable, promote the development of harmonious society. |
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