On The Perfection Of The Mass Tort Relief Mechanism In China

Mass tort is a new problem arising from the development of industrialization and the high development of science and technology, in today’s world can be described as universal.Since the mass tort is not a legal term, but only for a large number of infringement of the existence of the special state abstraction out of a noun. Mass tort is different from general tort, the damage degree is far-reaching, bad social impact,the traditional tort law is unable to cope with, how to timely and effectively save the massive damage caused by the infringement, is a big difficult problem in field of tort in our country currently.Because of mass tort relief mechanism,is of great significance to the infringer, the victim, society, government and the "tort liability law",appear very necessary.The western developed countries have entered industrialization earlier, the legal system is more perfect, and there is a more extensive experience in the relief of mass tort. Comparison of draw lessons from the advanced legal system and practical experience of other countries, for our country to deal with mass torts be of great advantage. Through comparative analysis of main countries of Anglo American law system and continental law system countries mass tort relief mechanism that above countries of mass torts effective relief mainly due to improve the victim’s civil relief system, sucn as, litigation system and the social relief mode of mass tort remedies.In China’s current practice, large-scale infringement relief still dominated by administration,government relief although high efficiency,low cost,can quickly resolve the social crisis,but because the government did not clarify the role orientation,the remedy lacks adequate legal basis and social effects also exist many deficiencies,and the infringer punishment is not enough, is not conducive to prevent occurrence of fan mass tort accidents.Secondly, there are defects and difficulties,such as, the scope of the parties is not clear,causality is difficult to identify, relevant laws and regulations is not perfect, the interests of multi subject is difficult to balance,the existing dispute solving mechanism does not play a due role.Mass tort is in essence the infringing act, should give full play to the tort liability law to deal with large-scale infringement relief,prevention and punishment function,but the traditional tort law to "protect the private rights" for the idea of relief,and large-scale infringement encroach the double object,not only harm the interests of the individual,but also violated the public interest,which requires large-scaleinfringement while protecting personal interests, but also should pay attention to the social public interest in seeking the best combination between the two points.In addition,the traditional tort of "self responsibility" for the institutional framework, and that for mass tort victims,in the case of the infringer is unable to compensate,the relief is no guarantee and through litigation to get compensation, with lag, does not meet the mass tort relief must be prompt and timely characteristics. Therefore, it is necessary through risk dispersion system,such as,the liability insurance system,damage compensation fund system to realize socialization of damage compensation.On this basis, the author attempts to build diversified relief mechanism mainly by tort liability law, supplemented by socialization of damage compensation.