Mass Tort Damages Social Relief Model Research

People enjoy the benefits and risks often attendant, modern and civilized society has become a "risk society". The sociologist Ulrich Beck, the first systematically expounded the basic concepts and theoretical framework of the "risk society", the title of the first part of his work,"risk society" is "to live in the civilization of the volcano:the risk of social overview. Civilization volcanic eruption, many victims and damage the result is significant. Large-scale infringement is such a risk society as an independent in the Context of prominent. In recent years, due to product liability against the legitimate interests of consumers, environmental pollution, securities litigation, major safety accidents caused mass torts disputes. Discussion initially focused on mass torts of procedural law, such as "class action" of the United States, Germany "group action", China’s representative litigation system. In contrast, in the scope of the substantive law on the study of mass torts has only just begun, there is an urgent need to clear large-scale tort concepts, characteristics, responsibility principle, Elements of a series of theoretical issues. This article will mainly focus on mass torts damages an important measure of social relief mode to expand.The preamble of this paper is the emerging reality for large-scale violations, Dalian pipeline leakage of the contrast of the event and the Gulf of Mexico event analysis, a preliminary understanding of the social relief of the status quo of China’s large-scale tort damages. Followed by the basic theory of the sub. This part of the main concepts and features of large-scale infringement of the basic theoretical issues of large-scale infringement of the concept of social relief, and theoretical basis for analysis. Then by analyzing the foreign environment, products may damage relief provisions in the field of large-scale violations, to spy on them on the concept of large-scale infringement of social relief, countries large-scale infringement of social relief to mode selection expect the dilemma of China’s current lack of a similar system to provide reference. The last part is with the "Sanlu milk powder incident handling measures in children with medical compensation fund provides a brief analysis, and fully understand the basis of the status of the domestic mass tort damage remedies, it is recommended by the establishment of a Compensation Fund and the establishment of large-scale infringement insurance system, the establishment of a more appropriate way of China’s mass tort social, relief and a more detailed system design, and the front of the two social relief mode, and ultimately the loss of large-scale infringement shared within a certain range, protection of victims in a timely manner and possible remedies.