Research On Ways Of Relief For Food Mass Torts

With the development of economic and the wide use of science and technology, a mass tort occurs frequently in various fields. It becomes the focus of attention of law experts as well as society because of the scope of damage to objects and the consequences of the damage is far beyond the single tort’s which causes social unrest and turmoil. Academic circles often look upon mass torts as one kind of objective social phenomenon to give theoretical analysis and think the basis of investigating and affixing the liability of mass torts for infringer is still the imputative elements of single tort. It’s necessary to research the issues of substantive laws of mass torts.From a legal perspective, mass tort and traditional tort are very different, because of a number of victims, widespread impact, difficulties of proof, the case is complicated. In the main range, causation, responsibility principle and other aspects of damages are difficult to be classified as traditional tort type, it is necessary to take special countermeasures to deal with mass tort law, to provide relief to victims. From a social perspective, involving a wide range of mass tort, social influence, relying on a single system cannot fill judicial remedy harm the victim, it is necessary to establish sound social relief mechanisms to be protected.Compared to other countries, the domestic large-scale infringement of the food industry in the field of research is still relatively weak, there is many problems both in theory and practice, and has not yet formed specifically for the food industry to improve the field of mass tort damages relief mechanism. This paper attempts through the perspective of comparative law, through mature approach to the typical country in the field of food industry, mass tort relief mechanism analysis, combined with China’s actual situation, explore the establishment and improvement of the mechanism of mass tort relief food industries, and that remedy diversification is the best way to solve the field of mass tort brought various issues.This paper is divided into four parts: The first part of the research findings related to mass tort and abroad, analyzing the meaning of the food industry in the field of large-scale infringement of the concept and focus on its four characteristics are analyzed:a wide range of subject scope, uncertain causation, responsibility principle special damages complicated, and broke through the typical case describes the causes and trends in the food industry and other areas of mass tort.The second part, combined with large-scale violations occurred in the field of food industry, analyzes the status quo of China’s food industry in response to large-scale infringement, the analysis focuses on the plight of China’s current system of victim protection in the face:Remedy single justice relief inadequate compensation fund community participation and lack of insurance, such as the absence of compensatory damages regime.The third part of the national response to the typical mass tort areas of the food industry initiatives to analyze, focusing on the Group’s litigation system both the United States and Germany, the typical country, the market share of the system, as well as punitive damages system of social relief system of research, explore and improve the system of mass tort relief food industries.The fourth part, suggestions for improving the field of food industry mass tort relief system that best suits a wide range of relief mechanism of our country, and focus on two areas more problems for our existing Remedy proposed recommendations to improve that judicial relief to be introduced in the United States and Germany to improve our system of representative civil procedure law litigation, public interest litigation system; in substantive law tort system should be improved through market share liability regime and liability insurance.