Study On Mechanism Of Mass Tort Judicial Remedies In China

In the level of economic growth in today’s high-speed development, contradictionsaccumulate, outbreaks is more and more obvious, the frequent occurrence of massincidents, the modern society is becoming more and more complex, the main is more andmore extensive, involving the interests of more and more diversified. There must be aright of relief is the basic request of the modern rule of law, how to effectively for themass tort cases, right relief, is the study of mass tort priority among priorities. In view ofmass torts, civil substantive law in China have no basis, the difficult program start. Startthe judicial procedure, in practice also face between the tort and the damage of the causalrelationship is indeed difficult, litigation system available can not meet the requirement ofmass torts, damage compensation system is not perfect, difficulties. Foreign to the judicialrelief mechanism of mass torts, some countries have formed a perfect form of action andrelief mechanism, the relief mechanism either in China or difficult to play the role, and theclimate does not suit one. In China, or require expensive cost. A system should not onlyadapt to the social environment, but also to the broad masses of people the right to accessto justice chance, otherwise is useless, meaningless, even deviate from the originalintention of the system design. Facing the urgent demand and the blank theory practice,improve China’s large-scale infringement judicial relief, should be to improve the basicentity law, establish the concept of judicial final settlement. In the specific design ofsystem innovation, litigation system, the introduction of the litigation trust, and establishthe punitive compensation mechanism, in order to solve the difficult problem of mass tortjudicial relief mechanism.