The Research On The Legal Relief System Of Mass Torts

With the extensive application of science and technology,large-scale production and sales,as well as intensive social interaction,Mass torts events emerge in an endless stream and show an increasing trend.Mass torts has a characteristics of extensive influence,numerous victims,serious damage,and long duration,companies often face the risk of bankruptcy because of huge compensation,the loss of the injured party can't be compensated,which becomes a public issues affecting social stability.Tort liability law focus on the responsibility and lack of attention about implementation of the injured party compensation for damages.With the active involvement,administrative compensation,timely relief to the victims,executive-led mode of relief is the main way of compensation for mass tort damages to maintain the stability of society.But it is contrary to the spirit of fairness as well as weakening prevention function of law.As a result,corporates ignore their social responsibility.As the German sociologist Beck said,modern society make us face with various risk.Since the risk is from industrial society,the responsibility should be undertaken by society.Compensation for mass tort damage is not only to make up for the loss of the victim but also concern about how to distribute risk and loss.Modern tort law break through the principle of self-responsibility and fault liability,take the victims' damage into consideration to resolve the social conflict and distribute risk.Specifically,the single damage compensation system should be transformed into the relief system including liability insurance,compensation fund,executive-led government remedy and social security.The paper is from the perspective of socialization relief to discuss how to improve mass tort damage remedy.Chapter one : Comb the theory point of view of scholars,introduce research ideas,method and subjects;Chapter two: Introduce the basic theory of mass torts including definition,nature,characteristics and theoretical basis of socialization relief;Chapter three: Analyze the deficiency of mass torts damage relief.Analyze advantage and disadvantage about executive-led government remedy and judicial remedy;Chapter four: Explore the liability insurance system and compensation fund system inUnited States and Germany in order to improve our socialization relief system;Chapter five:Discuss the meaning and current situation of liability insurance.The liability insurance system consists of insurance agency,mode selection,scope of responsibility,limitation of liability,insurance rate and aspects of risk prevention;Chapter six: Discuss the meaning and current situation of the compensation fund.The compensation fund consists of establishment mechanism,the standard of compensation,raising fund,fund management and termination.