Large-scale Infringement Of Substantive Law Studies

With the development of economic and the wide use of science and technology, mass torts occurs frequently in various fields. It becomes the focus of attention of law experts as well as society because of the scope of damage to objects and the conquences of the damage is far beyond the single tort’s which causes social unrest and turmoil. Academic circles ofen look upon mass torts as one kind of objective social phenomenon to give theoretical analysis and think the basis of investigating and affixing the liability of mass torts for infringer is still the imputative elements of single tort. It’s necessary to research the issues of substantive laws of mass torts.Research the issues of substantive laws of mass torts that include the following matters: determining the concept of mass torts which lies in the understanding of the "mass"; defying the status of mass torts whether it is an independent tort; clarifying the liability of mass torts which contains items such as the principle of imputation, composing elements and exemptions. At the same time, taking account of the limitations of tort remedy, it should be to broaden the ways of relief for mass torts in the substantive laws. Among them, socialized remedy is a worthy choice.Illegality is tort’s essential important document. Fault and damages are not the necessary factors of the establishment of tort. Tort refers to the behavior that the actor violates legal obligations encroaching on others’personal and property rights and interests. The "mass" is not only quantitative but also qualitative. The "quantity" of mass is reflected in the majority and uncertainty of the victims and the "quality" of mass means the act infringes upon the social and public interests. Mass torts is the behavior being that the actor breaches legal obligations encroaching on the personal and property rights and interests of the majority and uncertainty of the victims that infringes upon social public interests.The legitimacy of the single tort liability is based on corrective justice who is intended to balance the interests between violator and victim through the bipolar structure. It pursues personal justice which is more likely to achieve personal freedom or personal security according to the different conditions of correction. The legitimacy of the mass torts liability is based on distributive justice who is intended to restore the social order that was disrupted by the tort as much as possible through the three-tier structure. It pursues social justice that attaches the utmost importance to social security. Therefore, mass torts can not be covered by the different types of single tort. The tort law should establish the independent state of mass torts. There are some issues about the confirmation of mass torts" liability. For the principle of imputation, mass torts ought to apply strict liability which is more absolute than the one has been applied to single tort in general sense. For the composing elements, firstly,"identity" and "homogeneity" are two forms of mass torts according to the different ways of conversion of single tort; secondly, mass torts could lead to not only the personal and property rights and interests of a large number of victims which are being suffered real harm, but also the social peace, public health and other values have been seriously damaged; thirdly, the causality as an element of mass torts’liability is reflected the relationship between "one reason" or "limited reasons" and the "effect" that is not determined for a moment, and the presumption of probability that is a identification method of causality which is different from the traditional one should be adopted in process of confirming the liability of mass torts due to the complexity of causality and the difficulties of identification. For the exemptions, they should be made very harsh restrictions which are limited to the victim’s fault only for the individual one.Damages could be shared among the main bodies such as infringers and potential infringers by socialized remedy which is based on the theories of the rights need to be relieved and the development of socialization of private law. Socialized remedy can make up the victims’losses in time so that the pressure of infringers’compensation would be eased. China should absorb the good experience from developed countries that liability insurance and compensation fund should be established in a particular field or industry to respond to mass torts. In short, dealing with mass torts, it’s necessary to coordinate the use of tort remedy and socialized remedy to form the comprehensive system of loss compensating.