A Study On Diversified Relief System Of Mass Torts From The Case Of Tianjin "8.12" Explosion

Mass torts refers to the torts by a single or multiple infringers based on the same or homogeneous torts,resulting in a large number of victims and a huge amount of personal or property losses.Mass torts has the characteristics of large number of victims,great damage,uncertain causality and difficult relief for damages.The relief of victims of mass torts and other aftercare work aregreat challenge for any country and agency.At present,our country mainly relies on the intervention of admi nistrative force to solve the relief problem of victims in mass tort.Although this mode l provides relief to victims to a certain extent in practice,it can not meet the needs of a large number of victims.Different from this kind of approach which is mainly biased towards administrative measures in our country,the extraterritorial countries often use multiple relief system,such as the combination of judicial and socialized relief,to re medy the victims of mass torts.With the development of legal system in our country,t he relief mode centered on judicial and social relief is also worth learning.Combined with the reality of our country,a diversified dispute system is more suitable.Based on these consideration,this paper mainly describes the case Tianjin “8.12”explosion in 2015 from the following four aspects:The first part makes a brief evaluation and analysis of the handling process of case of Tianjin “8.12” explosion,the impact of the accident and the follow-up relief methods of the accident.Starting from the handling characteristics of this mass torts,it is concluded that in the subsequent l mass torts in China,the victims can not be guaranteed effective relief only by means of a single remedy,but only the establishment of a diversified relief system.The second part,taking the United States and Germany as examples,discusses the relief system of foreign countries when facing mass torts,from the concept,development process,practical application and other aspects of the group litigation system of the United States,and so on.Social relief rules,German group litigation system,social relief mode are discussed and discussed,and the advantages and disadvantages of each system are analyzed,from which we can draw lessons from foreign advanced experience in dealing with mass torts.Reasonable use of social relief mode,efforts to build a diversified relief system suitable for the current situation of our country.The third part discusses the remedy system of foreign mass torts cases,respectively,to the United States the rules of group lawsuit system,social relief and German group lawsuit system,social relief model is discussed,and the remedy system in the United States and Germany,and hope to provide some inspiration to the establishment of our own system.The fourth part puts forward some suggestions on the improvement of the relief system of mass torts damage in China,from the perfection of the administrative-led relief mode,According to the reality of mass torts in our country,the author puts forward some suggestions on how to perfect the judicial relief system,such as the representative litigation system and the social relief mechanism based on liability insurance and relief fund,and to lead the party committee in the light of the reality of the mass torts in China.The government is responsible,the society cooperates,the public participates,the rule of law guarantees the new social governance system to carry on the exploration,in order to set up the pluralistic relief system which suits our country's national conditions in dealing with the mass torts.