Research On The Relief Of Mass Torts

The modern society is a risky society, in which we can meet risk everywhere. The development of production and the progress of science bring the convenience to us but also hidden danger. The ecological environment pollution, harmful food and drug abuse, serious safety accidents and other phenomena always threaten the safety of human life and property.In many fields to maintain the survival of mankind, there are more accidents of mass torts. Compared with the traditional tort, mass torts has many victims, damage, which determines the mass torts remedies should be different from the traditional tort. But China’s current large-scale infringement relief mechanism is not perfect, and the mass torts in the substantive law is still relatively blank stated. So the mass torts remedy lack legal basis. And the mass torts litigation mode also needs to be perfected. In practice, a single means of relief and more use of administrative remedy to respond to mass torts make the judicial relief more difficult. The accident victims of mass torts suffer serious body damage and severe property damage. Improper handling may even trigger amass incidents. Therefore, the construction of large-scale infringement of the plural remedy mechanism is one of the major legal issues and the current social problems.This paper is divided into four parts for damage of mass torts relief mechanism discussion and research. The first part tells the "asbestos event", "Fukushima" and "Sanlu milk powder incident," the three typical cases of Mass Torts Events, and discuss the preliminary understanding, the analysis of the basic theoretical issues of mass torts and on this basis, discuss the background and reasons of mass torts arising, clarifies the basic connotation of Mass Torts, tells the unique attributes which make the modern mass torts different from traditional tort, then the passage focuses on mass torts law. The article holds that the law should be constructed with no fault liability principle of presumption of fault liability, and supply with duality for the imputation principle, and set the imputation principle as the basis for large-scale analysis of constitutive elements of torts. The second part focuses on the legislation and practice of the current situation of mass torts relief in China, pointing out that China’s current in the substantive law and procedural law on mass torts, there is still exist troubles. In practice, there is single means of relief; and the judicial relief is always hampered by the difficulties. The third part is about the comparative law study of mass torts relief mechanism, introducing mass torts relief mechanism of the USA, Germany and Japanese. The fourth part based on the experience of developed countries and China’s national conditions, how to construct the mass torts plural remedy mechanism in substantive law, procedural law relief, social relief and the administrative relief.