Research On Damage Compensation Of The Mass Totrs

With the continuous development of science and technology, factory productionmode and urbanization way of life have become the main way of human survival.Human beings rely on science and technology to improve social life makes peoplemore closely the relationship between. The industrial revolution is not only atechnological revolution, but also a social revolution in law, civil law, for theperformance of the revolution. So in the modern tort liability law of large-scaleinfringement in this new type of tort mode must break through the traditional tort"who tort, who compensation" theory, the damage through the reasonable burdensharing, tort liability by the infringer and social sharing more can make the obligor’sinterests are protected. This kind of burden sharing mode is also risk society is theinevitable demand of the social civilization and progress and reflects.In recent years, because China’s rapid economic development and thecontradiction of legislation relatively lag behind, resulting in large-scale infringementcases in processing a lot of problems have arisen."Qi er medicines effectively event"and "San Lu milk powder incident" and so on large-scale infringement caused the badsocial influence. This kind of large-scale infringement cases, the face many suffer theconsequences are serious, damage, causality complex; litigation cost is high, makinglarge-scale infringement law in our country caused by strong discussion.The paper focuses on mass tort damages problem, through to the tort liabilitysubject structure, fault factor, the damage facts and causal relationship to define masstort of tort liability. Shall bear tort liability for large-scale infringement behavior, toprotect the benefit of the victims, the infringer’s legitimate rights and interests andsocial public interests through the tort damages to the general relief principle andsocial relief, combining the principle for the improvement of the tort liability lawprovide theoretical foundation. Needle to our current legislation and judicial system,from the damages on the construction of the legal system, clear the status of thegovernment in large-scale infringement, and continuously push forward the mass tortdamage compensation fund system perfect. On the legislation mainly through the perfect life with goods system, punitive damages system, market share responsibilitytheory and expand the government relief, etc, for the mass tort damages to providelegal basis. In the judicial system, through relaxing representative litigation systemapplicable condition, the recognition of judgments being sentenced to force andstrengthen the case of mediation to ensure the judicial fairness and justice. Mass tortdamages socialization and general relief way, combining is not only beneficial toprotect the rights of the victims, but also to a certain extent, maintain the tortenterprise’s benefits and social benefits.