Research On The Dilemma And Outlet Of Civil Relief Of Product Massive Tort

The benefits enjoyed by human in society are often accompanied by risks,which means the higher the degree of social civilization is,the more interests may be provided to the public and the more unknown risks will follow forthwith.The modern civil society is full of high-risks.The occurrence of all products from Industrial development satisfied people's lives,but the large-scale products torts never stop occurring,thus the relief for the infringed is of vital importance to discuss.However,the Law of the People's Republic of China on Tort Liability(hereinafter referred to as the "Tort Liability Law")has no legal regulation on large-scale production torts and relief here of,therefore the civil relief of large-scale tort of products is facing difficulties due to the lack of corresponding legal basis.Under the background of the codification of the civil code,it is necessary to define the legal attribute of the massive infringement of the product,analyze its relief dilemma and reexamine its civil relief system.This paper first aims to define the legal nature of large-scale torts of the product;secondly,to analysis the reliefs in respect of composition elements,the subject for relief,the types of relief and the like by using the typological analysis method before summarizing the difficulties of civil relief on large-scale products torts.Finally,to discuss the construction of civil relief system of large-scale product torts from three aspects: the identification of the constituent elements,the types of reliefs and the subject for relief.