Research On The Mechanism Of Compensation For Damages Due To Mass Torts

The modern society is a risk society, leading to mass tort cases occur frequently,the existing system requirements of tort made corresponding adjustment. Because of the many victims of mass tort caused by relief demand and pressure on the formation of social stability, It is necessary to establish effective remedy legal mechanism, and a variety of relief form to be perfect, so as to form a system of relief mechanism,which is also in the construction of major legislative problem urgently to be solved in a harmonious society.This paper is divided into five parts.The first part is the introduction, This paper introduces the background and purpose, significance, at home and abroad on mass tort relief system existing relief system and the views of scholars and the focus of this study difficulties and innovation.The second part introduces the mass tort. Which introduces the concept of mass torts, and different academic definitions of this concept. Discusses the academic definition differences exist on the connotation of mass tort. The mass tort and general tort, joint tort concepts such as distinction and comparison.The third part mainly analysis and Research on the system of different countries of Anglo American law system and continental law relief for damage of mass torts analysis, including: Including: fund relief system, liability insurance system, punitive damages system, group litigation, public interest litigation.The fourth part mainly introduces the status of China’s mass tort, namely the government relief led relief, as well as our existing measures on solving the problems of mass torts. And China’s legislation, system to solve the mass tort is not perfect.The fifth part mainly introduces the perfect relief and suggestion of the system of Chinese large-scale infringement, mainly from the compensation fund set up,management, operation; punitive compensation scope, the compensation amount; the detailed rules for the implementation of liability insurance, limitation of liability;state relief, relief extended range; civil procedure perfect aspects are givenrespectively. The different proposals.