Research On The Relief Of Mass Tort

Today’s society is the era of peril and damage, the accidents of mass torts havebecome the main source of threat to human survival, It has not only limited to a fewpeople within the limited range, and even may affect a region, a country or even thewhole world. With the frequent occurrence of mass tort and its serious social impact,there is always a situation that the victims have problem in looking for remedies, howto give those victims effective relief is the most important reason we study the specialphenomena.This article is divided into three parts to made a thorough study of mass tortremedies. The first part is the basic theory of the mass tort and its damagecompensation. First, by discussing the concept and features of the mass tort, theauthor point out that the mass tort is not qualitative change for a traditional tort, it stillfollows the specific violations of statutory elements, therefore it can not be as aspecial type of tort. Then on the basis of the analysis about the complexity of masstort damages and the status quo of mass tort damages, The ultimate goal of mass tortrelief is to make the interests of multi-party balanced.The second part is to explore diversified channels for relief of the mass tort. Firstanalyze that the single relief mechanism of traditional tort law is inadequate, becausethe mass tort have breakthrough the setting between the simple relationship of anoffender to a victim in tradition law, and the consequences of the damage is muchhigher than the traditional tort law can bear, traditional tort law has become difficulty to meet the needs of giving timely and effective relief to the victims andmaking multi-party interests balanced, so exploring diversified channels for reliefbeyond the traditional tort law has become an urgent need. Then do a simple researchon the four relief modes of mass tort, mainly for the specific application of differentrelief patterns, do a simple comparison between China and foreign countries.The third part is the construction of Chinese comprehensive relief mechanism ofmass tort. With the frequent occurrence of mass tort, how to build a mass tort reliefmechanism to make sure the victims have effective relief, make the interests of manyparties balanced and not affect the social development become an urgent need. So theauthor try to build a comprehensive relief mechanism including the governmentassistance, substantive law protection, litigation, social compensation. Combinationof traditional tort remedy and non-traditional tort law remedy make the maximumprotection of the rights of victims.