Research On The Mechanism Of Remedy In Mass Tort Of Risky Society

In the mordent developed society, the advanced technology and the rapid development ofeconomy, which bring people endless convenience and luxury enjoyment, but also compelsus to suffer unprecedented anxiety and fear. The “Big Head Baby” inferior milk powderincident in2004, the “Sanlu” milk powder incident in2008, the “Pipeline Explosion inDalian” incident in2010,these mass tort incidents appear in the present era stage insuccession. We are now living in a civilized volcano, which is a high-risk society fulled offood safety, environmental pollution, industrial accidents and terrorist attacks. Risk emerge inendlessly and impossible to be prevented completely, at the same time, the victim is difficultto get effective help from the judiciary, as a result, how to build a effective mechanism ofremedy to cope with the mass tort problem becomes a pressing legal issues.Firstly,through the analysis of the typical case of mass tort in today’s society occurring athome and abroad, the author rethink profoundly the social background in which the mass tortoccur frequently, and then realize that we have entered a dangerous and high-risk society thatthe damage emerge constantly. Mass tort is just the extreme manifestation of high-risk society.Basing on that social background and combining with the case studies, the author research onthe theoretical issues of mass tort, analyzing its conception, characteristics,criterion ofliability and so on.Secondly, basing on the analysis and summary of the practice in coping with the mass tortin China, the author found that the administrative remedies have become the main relief mode.Especially in the area of victim’s compensation, government departments instead of thejudiciary come forward to handle the problem, even pay for the mass tort.At the same time, the much different from traditional torts makes the remedy in mass tortbecome more difficult and complicated. For example: the complexity of victim makes theamount of compensation hard to determine; litigation difficulties leads to delay in relief;damage compensate cannot be guaranteed without the strong support of the substantive law;single compensation mechanism easily lead to enterprise bankruptcy,etc.Base on the analysis of difficulties faced by the current mass tort, the author boldly to putforward of building a diversified relief mechanism in China, aiming at exploring a practicalsolution to solve the mass tort problem on the high-risk social background. As to the specificsystem design, the author considers including such aspects: perfecting the RepresentativeLawsuit systems; strengthening the protective efforts of substantive law; building the social relief mechanisms and so on.