The Construction Of Diversified Compensation Mechanism Of Mass Torts

With the continuous progress of market-oriented, the science technology and market economy brought many benefits for example rapid economic development and life convenience. But at the same time brought a series of risk and caused many accidents. The current world has come into an era of risk society. Mass torts frequented. Mass torts have many characteristics such as the large number of victims, the serious damage result, the complex Identification of causal relationship. These characteristics make the compensation of mass torts more complex than common torts. However, Chinese current single compensation mechanism of common torts is inadequate, because it is not enough to deal with complex situations in mass torts. So that many victims can’t obtain timely and effective relief, even to the extent that leads to serious social problems and affects social stability. Mass torts not only relate to the victims’ private interests, but also relate to social public interest. Consequently, the construction of diversified compensation mechanism of mass torts is essential and important.This paper consists of four parts to make a thorough research on the construction of diversified compensation mechanism of mass torts.The first part is the summary of mass torts and their compensation for damage. First, discuss the basic theory of mass torts, including of concept, features and causes, and point out that the victims are difficult to obtain timely and effective relief and the infringer may face bankruptcy. Then, analyze the current situation of Chinese damage compensation of mass torts. Chinese current single compensation mechanism of common torts is not enough to deal with mass torts. Therefore the construction of diversified compensation mechanism of mass torts becomes an urgent need.The second part is the theoretical basis and realistic significance of the construction of diversified compensation mechanism of mass torts. First, analyze the theoretical basis of the construction of diversified compensation mechanism of mass torts from the perspective of jurisprudence. The theoretical basis includes that right needs to be relief in the risk society, unity of justice and efficiency, transform from individual standard to social standard, transform from free priority to safety first. Then, analyze the realistic significance to construct the diversified compensation mechanism. The author points out it can promote social harmony and stability, realize social equity and justice, save the cost of Justice and maintain the judicial authority.The third part is the abroad diversified compensation mechanism to cope with mass torts and the enlightenment to China. By discussing of the diversified compensation mechanism of mass torts in America, Germany and Japan, The author points out that these states all have special civil action system to cope with mass torts and they all have their own diversified compensation mechanism of mass torts.The forth part is to construct Chinese diversified compensation mechanism of mass torts. This part is the most important part of the article. The author points out that China should take the inverted Pyramid model to deal with mass torts at the present stage, constructing a diversified compensation mechanism that based on tort liability and tort action, with liability insurance, fund for compensation and government relief as supplementary securities to cope with mass torts. Then, analyze the necessity and feasibility that these systems apply to mass torts in detail, and discuss the specific application.This paper has two innovation spots. First, based on the analysis of three models of diversified mechanism and the actual situation of our country at the present stage, the author considers that the Pyramid model and the level structure model don’t accord with Chinese actual situation, so that China should take the inverted Pyramid model to deal with mass torts at the present stage. Second, the academe considers that government relief can’t be applied to deal with mass torts because it is contrary to justice, the author admits that apply government relief to deal with mass torts is not reasonable indeed, but it also has the necessity and feasibility. So that the author suggests that the diversified mechanism should consist government relief.