On The Remedy Of Mass Torts

Begin with the " SanLu " milk powder scandal in2008, the occurreces of masstorts seems become more and more frequent in recent years, which also drawincreasing attention in the law circle. Mass torts create a huge number of victims in ashort time; hence the remedy is rather difficult. The present remedy mechanism in ourcountry is government remedy, while the legal remedy is absent. Mass torts, which arenot the problems sole happened in China, can be taken as the byproduct of socialdevelopment, as the developed countries also encountered such difficulties in theirdevelopment phase and have accumulated a wealth of experience in dealing with masstorts remedy. The paper intends to introduce some of the foreign experiences andimprove the remedy mechanism in our country.The whole paper is consisted of four chapters. Chapter one gives an introductionon the general theories of mass torts, including the concepts and features, based onwhich a discussion of the cause is provided.Chapter two first briefs the mass torts occurred in China in recent years,following with an analysis on the merits and shortcomings of government remedymechanism. Although enjoying the advantage of high efficiency, government remedyis short of legal ground, preventative effect and favorable social effect.Chapter three analyzes the remedy mechanisms in America and Japan. Americaremedy mechanism is featured with fully-developed legal relief, which consists ofpunitive damages, market share liability, and compensation fund, providing satisfyingand timely compensation for victims. While in Japan, the1960s witnessed the greatdevelopment in economy as well as the severe environment pollution which lead tonumerous serious diseases. These environmental pollutions were named as public nuisance, which can be cataloged as mass torts in environment area. Japan remedymechanism is made up of legal remedy and administrative remedy.Chapter four put forwards the prevention mechanism and the remedy mechanismfor mass torts based on tort law theory and above analysis. In order to dealing withmass torts, we should, in one place, establish a prevention system for lower incidence,and in the other place, improve the remedy system for sufficient and timelycompensation. The Tort law should play a larger part in dealing with mass torts, andin establishing the remedy mechanism in our country.