Rearch On The Introduction Of Market Share Liability In China's Tort Law

In recent years,the "melamine milk powder incident" caused by the product liability infringement cases,the Songhua River water pollution caused by environmental pollution infringement cases on China's tort law put forward a new case of infringement,The challenge.These cases of liability infringement cases and environmental pollution infringement cases,different from the traditional sense of infringement cases,these cases are often a large number of victims and geographical distribution,infringement damage between the results and the causal relationship between the victims also determine the existence of a certain The difficulty of the results of the occurrence of time span even longer there is a long incubation period.The relief of such new types of large-scale infringement cases poses a great challenge to the existing rules of tort law.Under the existing law of tort law,if the victim obtains the corresponding compensation through the proceedings,it will often be subject to the complexity of the proceedings and the length of the lawsuit.If the damages can not be compensated within the effective time,the dispute will often change For major social problems,when the government often choose to use administrative power to solve such problems.How to use the judicial process to properly solve such infringement damages,so that the original law should be resolved by the law itself to resolve,these problems on China's current tort law system put forward a problem,for these issues,some scholars cited the US market Share the rules to resolve the victim's damages.Formally based on this social reality,the use of what kind of rules to deal with new cases of infringement worthy of our in-depth study.This paper starts from the rule of market share rules,and studies the origin,application condition and litigation mode of market share rules,and analyzes the rules of market share from the basis of legal basis.Combined with China's social reality and the existing legal norms,system,discusses the application of market share rules in China to solve the necessity of infringement cases and market share rules and how to reconcile with our existing system.The rules for the settlement of such infringement cases are applicable to our social reality and legal system.This paper starts with the above problems,and starts from the typical cases of the US states,analyze the generation and establishment of the market share rules,and then determine the conditions and rules of the market share rules.Secondly,the basis of tort liability,causality,justice This paper analyzes the legal basis of the rules of market share,and then compares the rules of market share with our current tort liability system and civil litigation system,and seeks the commonality between the system.Thirdly,from the reality of our country,The feasibility and necessity of the market share rules,from the legislative,judicial and judicial areas of China's existing system under the rules of the market share of the obstacles;Finally,the attempt to infringement of China's infringement of large-scale product infringement,environmental pollution Tort liability,how to introduce the rules of market share in our country's tort law system,and how to introduce the rules from the aspects of legislation orientation and litigation mode.