Research Mass Tort Relief Mechanism

Make a spurt of progress made in the development of the world economy andscience and technology, the development of industrial society is faced withopportunities and challenges. The rapid development of economy, the scale ofindustrial enterprises, the exchange of people also gradually succession to digital,information, a series of mutations bring great convenience to people’s life, there is arisk and risk of social life unfortunately increases, so people have to endure the painof cutting one’s body brought by social progress, dangerous source individual societygradually transition to the enterprises, large-scale infringement enterprises of this newform of tort gradually enters people’s field of vision. In such a context, mass tortevents began to appear and have become increasingly fierce, through the integrationof the tort types in common, that is involved in mass tort victim is wide, the greatharm characteristics, large-scale infringement cases the most typical is the "Sanlumilk powder" incident, the Japanese nuclear power plant leak. Mass tort graduallybecome a reality society, the huge compensation consequences cause lack of legalregulation, law of our country is relatively provided less, not a set of complete reliefproject, thus the study of mass tort relief mechanism has certain significance.Study abroad to mass tort in China than before, and have made many valuableresults, provides the extraterritorial experience for the improvement of Mass TortRemedies in china. The main content of this paper is divided into three parts, the firstpart discuss the connotation, characteristics of mass tort case form; the second partfocuses on the advantages and disadvantages of several mass tort remedies in ourcountry at present already exists; the third part of the second part mentioned remediesinadequacy, put forward reasonable suggestions improvement of mass torts fromdifferent points of view. Construction of diversified. Construction of diversified masstort relief mechanism, should be in these areas as a starting point: one is the civilprocedure law in connection with the representative litigation rules changed slightly,change the past situation difficult the registration rights, moderate range extension of representative action system in the aspects of the court’s decision, as much as possible.To use the same, similar cases, reduce the court and the victim’s rights difficulty. Twois to improve the liability insurance system, the legal provisions of the form of masstort liability insurance coverage to be qualified, the deliberate infringement ofproperty damage excluded from insurance compensation, only pay for the loss causedby non intentional tort. Three is the construction of large-scale tort relief fund system,accelerate the mass tort relief fund legislation, operation and management normsrelief fund.The innovation of this paper lies in expanding the relief fund sources of funding,for possible industry mass tort liability insurance mandatory to pay, and the liabilityinsurance premiums as a benchmark, the additional payment liability insurancepremium ratio3%,5%used to enrich the relief fund of funds; can also set thethreshold into the strict in high-risk industries, the payment of special expenses partinto the relief fund, in order to prevent future occurrence scale infringement may.