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Research On The Compensation Fund System Of Mass Torts

Posted on:2012-08-22Degree:MasterType:Thesis
Country:ChinaCandidate:W Y XuFull Text:PDF
GTID:2216330338959403Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
In recent years, along with the social and economic development, highway serial crash, environmental pollution, and the large defective products bring violations everywhere.Mass torts and traditional single tort has many differences.Mass torts involving damage range, great influence, easily cause the attention of social public, media and state administrative departments, so that not only affect people's emotions but also social stability.In order to effectively deal with Mass torts events, ensure victims get timely and efficient, completely compensation, countries adopted various measures.Among them, setting up the government-led, relevant responsibility subjects bear, social participation damage compensation fund is an effective remedy.This paper based on theoretical analysis, comparison analysis and empirical analysis methods.And removed preface is divided into five parts.The first part outlines the general theory of Mass torts and compensation fund system of Mass torts.The author through understanding and definition of the Mass torts given by the domestic and foreign scholars, put forward that the establishtion of Mass torts should have the basic features. The definition of the Mass torts and the compensation fund system of Mass torts is the premise and foundation of institutional adaptation.The second part first of all, through the case of domestic and foreign large-scale infringement cases show relief mechanism. On the one hand to deepen further understanding of the mass tort. On the other hand, by comparing the countries represented by America in mass tort relief of methods and mechanism used in with our country, put forward in practice differences established large-scale infringement compensation fund system of necessary. Secondly through comparative study countries damage compensation fund system, demonstrates the mass tort compensation fund system established in abroad, theoretical basis and system for Chinese large-scale infringement based compensation fund system provides the system construction, the choice of patternizing directional reference.The third part analyses the existing system of Mass torts relief under the plight of Mass torts and further demonstrated the necessity and significance in China setting up the fund system established.The fourth part puts forward the construction Suggestions of mass torts compensation fund specific system in China, based on the related mass tort compensation fund fund system in foreign, hopefully doing some useful exploration to mass torts victim's remedy.
Keywords/Search Tags:Mass torts, Compensation, Compensation Fund
PDF Full Text Request
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