Mass Tort Research

From the point of view of social and economic development, the emergence of mass torts is inseparable from large-scale social production. The mass torts are a special tort. It can be an illegal act or multiple are homogeneous which caused mass damage to personal and property that should provide the huge amount of compensation for damage relief, to safeguard the social security. The damage caused by mass tort often happen suddenly, seriously and with complicated reasons, and easily to be the public crisis. At present, when an incident of most mass tort happened, the government is often the leader and the decider of the damage compensation, therefore, the application of judicial succor program in a mass tort is in a dilemma. The mass tort is not only a social phenomenon, but also a legal question which require immediately solution. We should gradually establish a diversity relief system that can impose the risk caused by mass torts on the society. This comprehensive mass tort compensation system effectively combining with the tort liability system, liability insurance system, damage compensation fund system and the Administrative Remedy to provide better security protection for the victims.This article is divided into introduction and text two parts. There are four chapters in the main body. We started from the causes of mass tort in the first chapter, to study and discuss the definition of mass tort, the harm, the characteristics, and the significance.The test compared the mass tort with the traditional tort through a few basic points of torts in the second chapter. There are the criterion of liability, the elements of the tort liabilities and the system of taking tort liabilities. Through the comparison, we hope to understand the nature of mass tort and the differences with the general tort better. Hope to solute the problem better.In the third chapter of comparative studies assume in domestic and international of mass tort liability system, analysis the experience of dealing mass tort in the social transformation Through the merits, the practical benefits of Implementation of several countries and regions, procedural and substantive law and feasibility of implementation in China, found some useful feasibility measures and theoretical basis of the measures for our mass tort liability system.The fourth chapter on how to perfect our country’s mass tort relief system is discussed, and put forward to solve mass tort of our country at present shall apply the diversity relief system.