On Mass Torts

Mass torts which happened frequently in mordern society attracted the worldwide attention. Mass tort is an infringing act based on a wrongful act or homogeneous acts which infrings both personal and public interst. Comparing to ordinary tort, the number of victims in mass torts is numerous,and this number can not be determined in a short time,aslo the causality and dameges of mass torts is of complexity. What is more, mass torts infring both personal and public intrest. Mass torts may happen in various fields, which including negligent and strict liability. So the varities of mass torts is numerous. Because of so much diffrences between mass torts and ordinary tort, mass torts should have its peculiar liability principles and tatbestand. The author coulnsiders that the liability principles of mass torts should based on strict liability, and the negligent liability is supplementary. So generally speaking, the negligent is not the constitutive elements of mass torts. But except dameges and causality, the negligent is also the element of mass torts, sometimes which the law set forth clearly. Besides this, the author also reckons that the number of victims in mass torts is also an important element. Mass tort is more than a social phnomenon, especially a law problem which we should resolve urgently. Mass tort is resolved via litigation or sozialhife ways effectly, such as Class Action, liability insurance system, indemnity funds etc.. And The disputes focus on whether importing Calss Action as a litigation solution to mass torts in China. Class Action is a efficient way to resolve mass torts in some extent, and this has been proved in USA. However, It is a great pity for us to find that Representaive Action is seldomly applied to mass torts. So the author suggests that we set a integrate remedy systems which based on Class Action, and also including liability insurance system and indemnity funds which as supplement ways to resolve mass torts. This is also the best choice which is in accordance with the intenational current practise..