Research Of Remedial Mechanism Mass Product Infringement

Modern society tends to be more large-scale production, sale and consumption of social transformation, while we are creating products and enjoy the feast, more and more people are injured because the product. Especially in the pharmaceutical, food and other areas of people’s lives are closely linked with the mass product infringement, often wide ramifications, number of people and extensive damage, paid a huge amount of bad influence even spread to the public interest. Tort liability as the primary traditional legal remedies, litigation due to limited time lengthy relief is not timely, the difficulties of proof rights difficulties, limited liability compensation body capacity, etc., caused by damage to fill the role of infringing products in the face of large-scale show their limitations. Thus reality, when large-scale infringement of our products in the field, the usually government-led relief means. Government-led relief efforts with fast compensate for the loss, to quell social strife efficiency advantages, but because of financial misappropriation tort tax people pay and unconscionable behavior, correct words ring true name is difficult to maintain long-term.The rule of law and other Western countries, also because of social transformation and the emergence of large-scale infringement of such social conflict and discomfort. Although the countries of mass tort details are not yet a system of detailed regulations, but more countries through the development of appropriate policies and legal rules and norms, the use of various means, take various measures to solve the problem of mass tort close to good governance effect. Experience with handling these countries to address the problem of mass tort place worth learning, this paper is mainly to the United States, Germany, Japan, the mass product Infringement relief mechanism for the inspection object, through comparative analysis of foreign relief system trigger Enlightenment to China.The face of massive violations product, how the damage occurred after the guarantee has been infringed obtain timely and adequate relief, how to avoid the infringer until insolvency because of the huge compensation into bankruptcy impasse, how to rely on relatively sound mechanism to protect their rights and interests into an urgent need to resolve the issue. In view of the current legislation and practice there are deficiencies, the author seeks to find a large-scale product infringement by the infringer injured more effective relief path. Based on the agreed route, based on the diversification of relief, thinking should be the main way in which relief and how to establish the applicable order of the different types of remedies between the rail system through a variety of mutual cooperation, to explore the establishment of a multi-level comprehensive relief mechanism, and fully safeguard the legitimate rights and interests of the infringer.