Studies On Remedy Problems Of Large-scale Torts

With the development of world economy and the progress of science and technology, modern industrial development has promoted the social material level but at the same time it also brought many danger and misfortune. At present, countries around the world have faced or are facing mass tort caused by all kinds of hazards and trial because of the highly industrialized society, nearly10consecutive years mass tort incidents have happened in some countries,which also heralds the risk society has arrived. In2010British Petroleum Co. Ltd.’s "gulf of Mexico oil spill accident", in2011Japan’s "fukushima nuclear leakage accident","sanlu milk powder incident" in China in2008and in2003CNPC(China National Petroleum Corporation)’s "gas well blowout event" in kaixian county of chongqing and so on. The influence of these large-scale infringement events is also along with the further development of economic globalization and trade integration and present the trend of internationalization. Mass tort as a violation of personal rights and interests of the social public serious infringement behavior, must have a proper relief means and the innovation of social management way to personal and property rights and interests to the public for maximum benefits, and consequently eliminated the threat to social order done by the damageThe thesis is divided into six parts:the introduction part simply studied the relation of risk society and the mass tort. The second part reviews the domestic and foreign large-scale infringement of typical cases. The third part discusses the concept, characteristics, mass tort imputation principle, constitutive requirements and other basic theory problems, and put forward to applying "no-fault principle" in the large-scale infringement cases in the field of special tort.Mass tort cases in the field of general tort "presumption of fault principle" shall apply. Fourth part embarks from the defects in the existing system, studies the mass tort cases in the judicial practice existence’s difficulty. The fifth part mainly introduces the success of the mass tort victims relief pattern in developed countries. The sixth part mainly studies ways of constructing the diversified large-scale infringement civil remedy mechanism after the main system in foreign countries is introduced before...