The Relief System Of Mass Totr

The purpose of this article is to establish an institutionalized relief system. Thissystem can offer victims of a stable, adequate and timely relief. At the same time,maintain the infringement of freedom of movement and social functions.For the relief of the mass tort, practitioners and theorists have proposed theirown solution. In the theory field, some domestic scholars from the fund point of view,such as Professor Zhang Xinbao, in his works “the establishment of mass tort relief inthe Fund (Compensation) system concept”. Professor Zhang thinks the fund systemfor relieving damage is a timely relief, which relies on the state of finances and tofacilitate the rescue of the advantages of potential victims; Someone from theperspective of state responsibility, such as the academics Lin Danhong’s article "Stateresponsibilityin this large-scale personal tort relief”, the writer thinks in the urgencyof the mass tort, the State should bear the responsibility of the victims make up;Someone from the point of view of liability insurance, such as the scholar Su yu inthe text of the liability insurance in the large-scale infringement, which believesliability insurance can be used as the ultimate bearers of the tort liability, andcompared with other forms of relief, liability insurance has its own advantages. Manymass tort occurred at home and abroad provide sufficient material. Be classifiedaccording to the relief of the victims, including to establish damages fund relief, suchas the U.S. asbestos case, the case of defoliants in Vietnam, the Gulf of Mexico oilspill as well as Sanlu milk powder case in China;Adopt the provisions of certain proceedings for relief, such as the German Grouplitigation，Class action in the United States; Japan’s selected representative action aswell as China’s litigation and litigation representative system. Although a lot ofresearch and case studies in theory and practice, but China’s mass tort relief systemare not determined in the law, which is feeble when faces increasingly frequent masstort. Therefore, this article attempts to establish a consistent with the actual situation in China which can also enable the victims to get full relief and take full account ofthe freedom of action to protect the perpetrator relief system. The legal remedy is notto give the victim material or financial things, but to give victims the right to requestrelief through the configuration of the rights and obligations. From a legal point ofview, the victims from the initial compromised to obtain relief, is a system composedof a four links with each other. Legitimate right of appeal procedures to protectvictims, damage suffered by victims of physical protection, protection of victims ofspecific methods of payment relief which can make sure the relief. The author alsofollows such this logic above to organize the composition of this article.