Research On The Machanism Of The National Relief Responsibility In Mass Tort

The problem of mass tort takes into our attention, with its complexity and therelief of distress."The tort liability law" can not meet the need of our relieving hundredand thounds of victims relief needs, because it is based on the premise of one versus one.And it is very difficult to the judges to settle the kind of diputes, because of their lack ofsufficient settlement resources, capabilities and their passive roles.In practice, our country has formed the so-called"administrative dominant model",which contains the ideal of national relief responsibility. From the view of therelationship between supply and demand of the systems and comparative law, we shouldconfirm the legitimacy and reason of the model based on the pre-condition of the idealof rule of law and moderate relief. National relief responsibility mainly includes thenational compensation liability and responsibility of providing relief ways, withresponding mechanism. The liability of compensation means that nation compensatesthe injured for their personal injuries in principle, and excludes the mental damages; butthe necessary property damages and economic loss can also be compensated. As to theresponsibility of providing relief ways, it mainly names the administrative settlementmechanism: administrative intervention, administrative mediation, administrativearbitration and administrative adjudication, and administrative mediation andadministrative arbitration are prior to be adopted.