Mass Tort Liability Insurance System Research

Modernization process is accompanied by social risks, with the continuous deepening of China’s social transformation and exponential growth of the economy, mass torts have occurred frequently, bringing previously unknown risks and threats to people’s lives and property. Compared to ordinary torts, mass torts have numerous victims and serious consequences of damage, the causal relationship and compensation are identified intricately.How to compensate victims timely and effectively becomes the focus of attention of the legal circles. The author believes that liability insurance system of the mass torts is an effective legal measure to solve damage issues of mass torts.In addition to the introduction, this paper is divided into three parts, the first part starts from the mass torts,on the basis of concept of mass torts、characteristics and legal attribution,this part is focus on the challenges from mass torts to modern risk society at two respects of complicated identification and compensation.The second part focuses on the definition of mass torts liability insurance and legitimacy, which is the demonstration basis point of the second part. Starting from the concept and feature of mass torts liability insurance, this part clears the legal attribution of mass torts liability insurance, as well as clarifies the relationship between mass torts liability insurance and general liability insurance. On the basis of accurate qualitative of mass torts liability insurance, the legitimacy of mass tort liability insurance system includes necessity and feasibility. The necessity analysis contains necessary for the relief of victims、inflictor operating and social progress, highlighting the needs of the society. Feasibility analysis includes theoretical feasibility and practical experience in liability insurance of United States, Germany, Japan and China, highlighting that mass torts liability insurance system has the experience-based.The third part is about legislative ideas and specific rules of mass torts liability insurance system, which is the core of this article. Legislative ideas of mass torts liability insurance system would be included in the adjustment range of the "Insurance Law" and "Tort Liability Act, and recommend that the State Council should as soon as possible draw up the statute of mass torts liability insurance, in order to form a trinity of mass tort liability insurance legal system. On this basis, I will put forward some suggestions about the specific rules of mass tort liability insurance system-the insurance model, insurance coverage, the insurer, premium rates, quota of liability, the compensation rules of insurance competing, the right of direct request to injured third person, liability of insurance companies for paying-for-others, claim right of subrogation and claims process:in the field of product liability and environmental tort,mass torts liability insurance shall be established; insurance coverage should be limited to liability for physical damage and should be excluded from the intentional tort liability and punitive damages; underwriting agencies should take "joint co-insurance" model, by two or more insurance companies underwriting the same mass tort liability risk; the premium rate should be taken to a floating rate system; limits of liability needs to determine the accurate prediction and assessment of mass torts risk and achieve the purpose of the full protection of the interests of the victim and the insured; an external competing can apply of rules of origin of the parallel, an internal competing should be a breakthrough contract relatively fair and reasonable to determine the sharing of responsibilities between the various policy; given to the injured third claim; perpetrator intentionally committed mass tort, the insurer undertakes to pay a rescue fee advances responsibility; after assuming the insurance liability insurers have the right to recover from the responsible party; claims process of mass tort liability insurance should be simple and efficient, recommended the establishment of the group of experts on accident investigation, surveying massive torts, assessing the damage and compensating rapidly.