Research On The Legal Issues Of Civil Remedy For Large-scale Tort Of Products

Under the background of "risk society",the tort pattern has changed greatly,and the large-scale infringement of products is an important representation.Mass infringement of products refers to the infringement based on the homogeneity of multiple infringers or the infringement of the same infringer,resulting in a large-scale double or single damage to the victim's person and property.It is necessary to provide rapid and efficient relief to the victim in combination with multiple ways,severely punish the infringer and deter the infringer and potential infringers,so as to prevent such incidents Therefore,the reoccurrence of the special tort to maintain social peace.There are important differences between product mass tort and traditional tort law in the aspects of subject,damage,causality,fault and rule principle.At the same time,the development of risk society theory has also promoted the value orientation of product mass infringement from traditional corrective justice to modern distributive justice.This makes the civil relief mechanism of large-scale infringement of products should move towards a diversified development path.From the above theoretical point of view,there are four major problems in the current civil relief system of large-scale infringement of products in the legal system of our country,such as insufficient relief of tort law,failure of civil litigation mechanism,inadequate connection with bankruptcy law and absence of social relief mechanism.In view of the above problems,the author suggests that legislation should improve the defects of the relief mechanism of tort law from the perspectives of improving the limitation of large-scale tort litigation of products and the burden of proof of victims,expand the failure of the relief mechanism of civil litigation from the perspective of promoting the perfection of representative litigation mechanism and public interest litigation mechanism,and promote the tort liability law and product quality from the perspective of improving the order of bankruptcy liquidation The connection between the implementation mechanism of the quantitative law and the bankruptcy law,from the perspective of introducing insurance relief and fund relief,creates a social relief mechanism.Through four kinds of comprehensive measures,we can reshape the diversified civil relief mechanism of large-scale infringement of products.