Font Size: a A A

An Approach To The Relief Of Mass Torts

Posted on:2015-05-16Degree:MasterType:Thesis
Country:ChinaCandidate:W J TanFull Text:PDF
GTID:2296330467454056Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
China has stepped into a risky society with many mass tort cases coming about.The mass tort cases cause huge property losses and serious physical injuries to victims.“San Lu Milk” is a typical mass tort case in2008. In this case,30million “stonebaby” were physical hurt and this case also brought serious social harm. We are happyfor the result of this case, meanwhile we have to rethink profoundly the handlingmethod about mass torts. If the government always paid the bill for the wreckers, wecan’t form a long-term and effective mechanism in our country. The reason why werely on government intervention is decided by the current situation of judicature. Thevictims faced a lot of problems, such as the difficulty of litigation and the burden ofproof. The victims always can’t get timely, effective protection. Improper handlingmass tort cases can lead to serious social problem. Therefore, we have to find a way toprotect the victims’ rights in the study of mass torts.The paper is divided three parts to study this issue. The first part is about basicproblems of mass torts, including the concept, characteristics, scope of applicationand the nature of mass torts. Through the analysis of basic problems, we can form acomplete system. We believe that the Tort Liability Act can still adjust mass tortseffectively and the mass tort cases are general tort cases. Advanced processingmechanisms include market share, punitive damages, compensation fund, liabilityinsurance and group litigation. These processing mechanisms have been verified andthey are useful to handle mass torts. Advanced mechanisms are able to indicate the direction of our country to establish and improve this system. The second partdescribes the legal institutions of remedies in other countries. We can learn advancedmethods from the substantive law and procedural law in other countries. The thirdpart mainly analyzes the present situation of our country. But the most importantquestion is how to fill the gap. Currently in our country, only a few laws can provide alegal basis for this issue and the victims can’t get sufficiently protection. In theory,there are few works related to this issue. The study of this question isn’t enough.Therefore, a systematic study of this issue is imminent. In the last chapter, we shouldperfect our laws, for example the liquidation order of the Bankruptcy Law, thepunitive damages on product field and the representative action in our country. On thebasis of borrowing the foreign advanced experiences, we should form a systemincluding law and other means, such as liability insurances, compensation funds andgovernment intervention. Certainly, the law is the most important way to recover thelosses of the victims.
Keywords/Search Tags:mass torts, remedy diversity, relief system
PDF Full Text Request
Related items