The Research On Mass Torts Diversified Relief Mechanism Of China

With the increase in the frequency of human activities, and expand the scope of activities, the impact of their behavior on the natural and human society itself is also greatly enhanced social risks from natural hazards dominant structure evolved adults uncertainty dominates. Into the twenty-first century, industrialization and socialized production due to the increasing risk of human beings, one of the main manifestation is a large-scale violations of the frequent occurrence of the various production areas, such as environmental pollution, increased pollution, toxic and hazardous food, medicines flooding other phenomena, make people’s lives more and more insecure. Mass tort is the cause of many human person, property damage a class of violations, it has a number of victims and more serious consequences of the damage, causation and complex characteristics. In these large violations, the victim party infringement with respect to large enterprises are still in a weak position, because they are often difficult to prove a causal relationship or single infringement prosecution weak and not through litigation to get adequate compensation relief. The tort liability side’s usually a big enterprise with one or more areas of business, after the large-scale violations occur, they have to bear a huge burden of compensation, often leads to bankruptcy, which is bound to affect social and economic development. Mass tort is not only a social phenomenon, it is a legal problem to be solved. How to improve the design of the system in the victim’s social security capabilities while reducing the burden of enterprises, to achieve the desired social effects, both realistic and become a pressing issue. Due to the special nature of mass tort, the traditional tort law compensation mechanism single lawsuit has been insufficient to rescue large-scale infringement of the many victims who can not take into account the sharing of tort liability. Virtue and other developed countries in response to such violations, has established a relatively comprehensive and rational victim relief mechanism, in addition to judicial remedies, liability insurance compensation and other social relief fund for the relief of victims mode provides effective protection, some reasonable response system or we can learn from. China’s response to mass tort victims do not have a diversified relief mechanisms, in particular lack of socialization remedies, and more is to take a government-led relief model, which on the one hand contrary to the purpose of tort liability law, the other is unable to provide comprehensive relief and protection for victims, and therefore, it is necessary to establish and improve our diversified mass tort damage relief mechanisms. In this paper, the introduction and the body of the two most penny. The body of the four chapters elaborate. The first chapter briefly describes the current academic circles for large-scale infringement of this new legal term view, and from it the concept of legal characteristics, nature and so forth their point of view. The second chapter is selected sample mass tort cases occurred in China in recent years from a large-scale violations of multiple areas of research, analyzing the plight of mass tort damages reflect judicial relief system encountered in practice as well as other practical issues which leads to damage of the need for large-scale infringement damages to establish a diversified relief mechanism. Chapter III of the United States, Germany and Japan, mass tort lawsuits relief system, social relief mechanisms are briefly introduced, many of them worth considering, and learn from, to improve our mass tort damages diversified relief mechanism to provide advanced extraterritorial empirical basis. The fourth chapter of relief from social trends demonstrate the various systems of the start of mass tort damage relief and proposed litigation system should be established in order mainly to liability insurance as a precursor to a compensation fund model, government relief system to supplement diversified relief mechanism for mass tort victims groups to provide the most effective relief, promoting the development of a harmonious society.