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The Victim’s Right Relief System Research

Posted on:2013-12-28Degree:MasterType:Thesis
Country:ChinaCandidate:X Z DengFull Text:PDF
GTID:2246330395988087Subject:Civil and commercial law
Abstract/Summary:PDF Full Text Request
Today’s society is a society full of risk, the present era is the era of a covered injury. Inrecent years, the mass tort events occurred from "Yinguangxia event" in2001,"ChongqingKaixian blowout incident" in2003and "big head baby " in2004to "Sudan event" in2005and"Sanlu milk powder incident" in2008and then in2011the "Wenzhou train event", this pieceit is so shocking, the bad influence is shocked by the community’s attention.Although the law of our country about car accident, hazardous products, pollution,mining and other types of tort are the provisions of its specific mechanism of relief, but as aresult of mass tort caused by many victim, the heavy damage, wide influence, makes thetraditional tort law has been unable to cope with, the traditional tort relief system presents achallenge. As the change of mass tort victims compensation is unable to fulfil and enterprisebankruptcy status, it is necessary to further improve our victim’s relief system, that providebetter protection.In view of this, this article in mass tort victims rights relief system was researched. Thistext includes four parts: the first part is proposed the question, start from mass tort events, ofmass tort concepts, characteristics and the elements, meaning of right relief and theoreticalfoundation to carry on the explanation, showed a mass tort particularity and complexity,triggered the mass victims relief attention. The second part is the analysis of the problem, inour country, the victim’s right relief system specialty based on the analysis of present situationof our country, explore the victims relief system in theory and in practice and defects. Thethird part is the research question, through to the various countries and regions on the reliefsystem is discussed, and the advantages and disadvantages are reviewed in order to better our country offer draw lessons from. The fourth part is to solve the problem, in draw lessons fromthe foreign strong on the basis of experience, combined with the reality of our country thestate tries to analyse, put forward suggestions to solve the problem, namely to establish tortrelief is dominant, the social relief supplemented by a plurality of the relief system for victims.In order to better protect the rights of victims, the maintenance of social order, and promotethe harmonious development of the society.
Keywords/Search Tags:victim relief, mass tort, tort relief, social relief
PDF Full Text Request
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