Research On Mass Torts And The Remedy Mechanism

The main meaning of mass torts is that the infringer caused a large number of victims, it can occur in many tort areas, such as product tort, traffic accident and the tort of environmental pollution and so on. Based on the frequent happenning of mass torts in modern society, the theorists give a highly attention to the mass torts. Different from Chinese scholars tried to make a clear definition of mass torts, scholars in the two major law systems represented by Germany and American tend to take a simple way by making a list of mass torts. To clarify the research scope of this article, the first part of this article summarized the main characteristic of mass torts to clarify the basic extension of mass tort, and through the second part, the essay discusses the background of the frequent happenning of mass torts. Third part of the article is mainly talk about the easy processing of the constitutive requirements of mass torts oriented by the remedy mechanism. Through the discussion of former three parts, we can see that mass torts has not changed in the “quality” because of the victim "quantity", it does not belong to special tort, but due to the importance to provide relief for the victims, mass torts also reflected some differences with the traditional tort, such as the remedy mechanism, responsibility identification, etc.As a final foothold, the next two parts discusses the diversification of mass torts remedy mechanism. The fourth part mainly compare the Chinese and foreign remedy mechanism of mass torts, through the analysis of three representative cases in our country in recent years, we can summarize the current existing problems of our mass torts remedy mechanism, and learn from the disscussion of the remedy paths used in the developed conturies. The fifth part of this article gives a general discussion of the establishment of the remedy mechanism of mass torts, the author try to bulid a comprehensive remedy mechanism including the government assitance, litigation, compensation fund and the liability insurance.