Comprehensive Relief System Of Mass Torts Victims

Mass torts is the negative effects of the developmene in society and economic. As we know, the frequent accurrence of food safety incidents of mass tort; environmental pollution, security and other fields, and aroused attention of public on this problem. How to realize the relief of the victim arised by mass tort reasonably and effectively. This paper analyze the problem of the existing legal system in pretenting the victims of mass tort, and the specialist of mass tort and its victim. Intend to establish a set of relief system in the point of the law about enterprise bandruptcy, insurance, company, so that we can strengthen the protection of victims.The first chapter of large-scale infringement discussed some related to some of basic theory expounded, defines the comcept of mass tort on the one hand, and analyzes the behavior difference between mass tort as a special type of tort and general tort behavior, embodies the special problems of mass tort. On the other hand, in the number, scope of influence, determining the causal relationship between methods, analysis the difference between the victims of mass tort and general tort victims, and highlight the special victims of mass torts, so as to explain the necessity of the victims to establish a comprehensice relief mechanism.The second chapter describes the existing in current legal system and the system of mass tort s in the field in question. Mainly includes the adjustment in China large-scal infringement legal relationship of substantive law, procedural law basis and the legal system of liability insurance system in our country, company, etc. And then combined with the problems of protection of the rights and interests of victims of mass tort, explain and analyze the problems and deficiencies of the existing legal system in China, and is ready to put forward suggestions in the following.The main content of this paper of the third chapter is for the victims of mass tort comprehensive relief mechanism perfect suggestion, this part will be based on the deficiencies of our legal system and points out that the second chapter puts forward solutions. The first is the unreasonable our bankruptcy debt settlement place, put forward the remodeling of mass tort victims of settlement of bankruptcy claims in bankruptcy proceedings in the position concept, in the hope that does not change the premise of the secured creditor priority, improve the mass tort victims of personal injury claims priority type. The second is the hope that through improve the liability insurance system to strengthen the victims of mass tort relief efforts, including the establishment of the system of the compulsory liability insurance in key areas and the liability insurance of our country to carry out specialization management. Finally, according to the requirements of the unified responsibility, the establishment of the controlling shareholder of the company, the board of directors of the company and other pipe management layer on the voluntary creditors of the company, the joint and several liability system, not only can abuse the control power and effectively restricting the management of the company, and may provide for the victims of mass tort and economic security.The fourth chapter is the conclusion part, makes a overall summary of this thesis and explains the content, should be combined with the organic unity of the whole relief measures for the response to mass tort relief for the victims of the problem, to maximize the comprehensive relief mechanism function, also expressed the social responsibility of government departments and enterprises to strengthen the supervision of I hope, in order to eliminate the root causes of mass tort to happen.