Research On The Responsibility System Of Mass Torts In Social Transformation

The deepened and comprehensive of the Social transformation makes mass tort blew up. The mass tort becomes a hot legal issue in tort as the seriousness of injure, the extensive of the scope, the variety of the involved area and the damage to endanger the social stability after injure. At present, the existing settlements are too single and jury while mass tort have occurred in various fields. The existing settlements are emphasis on administrative responsibilities and the administrative dispositions only. Such solutions are overstretched for the increasing dealing with mass tort cases. It makes building a comprehensive responsibility system for mass tort to be a prominent legal issues topic.Through the analysis of social transformation, the test found the effects to mass tort from this particular period of social transformation and the frequency of mass tort caused by a variety of social discomfort and social dislocation which produced by the social transformation. Use the cases of mass tort which has occurred, to study and discussion the definition of mass tort, the harm, the characteristics, and occurs reasons carefully. Evaluate the existing treatment for mass tort to found problems in these treatments. Demonstrate that solely relied on administrative or legal means can not resolved problem completely in the existing mass tort cases. Therefore a mechanisms of mutual means cooperated among the various accountability should be established.The test compared the mass tort with the traditional tort through a few basic points of torts in the second chapter. There are the criterion of liability, the elements of the tort liabilities and the system of taking tort liabilities. Through the comparison, we hope to understand the nature of mass tort and the differences with the general tort better. Hope to solute the problem better.In the third chapter of comparative studies assume in domestic and international of mass tort liability system, analysis the experience of dealing mass tort in the social transformation in the United Kingdom, Germany, Japan, the United States and the European Union. Through the merits, the practical benefits of Implementation of several countries'and regions'procedural and substantive law and feasibility of implementation in China, found some useful, feasibility measures and theoretical basis of the measures for our mass tort liability system. Meanwhile, study the existing relevant research and classics about mass tort in our country and reference some opinions and suggestions of cutting-edge scholars, to find out the feasibility measures and the theoretical basis for them. These can be the theoretical and practical experience for building mass tort liability system.Chapter IV is borne the construction of mass tort liability system. From the damage to social and the seriousness of injure to demonstrate the need of setting up the mass tort liability system. And establish the theoretical basis of mechanism. In the second part of chapter IV attempt to establish a liability system including resolve and post-delegation mechanisms. Among them, the preventive mechanism is mainly engaged in the resolve mechanism which is for handling the mass tort cases, through the implementation of various measures to achieve timely, lawful and reasonable settlement when the incident happened. The mechanism coordinate the legal, administrative, social and other means for better working, and making the handling tends to procedure, legalize and perfect. post-delegation mechanisms is emphasized on regulating deep-seated reasons of mass tort caused by social transformation mechanism, the lack of social ethics and the marginality of vulnerable groups which caused by the game in law. Through the integration of the dominant values of society to prevent social main values from the deviation, and reduce the recurrence of mass tort. Through the reconstruction of social ethics to achieve social and moral depth and upgrade the main sense of social responsibility. Through the protection of vulnerable groups by the preferential policies to low down the occurrence of mass tort and the chance to be the cases of threatening social stability.