Research On The Fund System Of Mass Damage Compensation

China is now in a period of social transformation, with reform of economicsystem and political system. Therefore, accompanied by economic and other systemis still not perfect. At the same time, some factors, such as gradually increase thedegree of industrialization, accelerating the urbanization process, the rapiddevelopment and uncertainty of science and technology, make the mass torts eventsfrequently and involve in a wide field, such as food safety, product liability,monopoly management, environmental pollution, medical services, securities fraudand other aspects, all these events have caused huge losses to the public of the person,property and social environment. However, most of the victims are in a weak positionin mass tort events; it will have influence on personal livelihood, even on the stabilityand development of society if not to take relief. Facing this problem, many countrieshave formulated the corresponding relief mechanism against mass torts events,However, our country in this aspect is still relatively lacking, no matter is the way oftraditional tort injury compensation, or administrative assistance, liability insurance,cannot fully cope with the reality need. In view of this, this article attempts toconstruct a mass tort damage compensation fund system through the reference offoreign related theory research and practical experience and combining the basicsituation of our country, in order to provide relief and protection of victims timely,effectively, fairly and comprehensively.This article studies the fund system of mass torts damage compensation fromfour parts: the first part, analyzes the reasons of mass torts, and defines the concept,nature and legal status of mass torts damage compensation fund. The second part,demonstrate the necessity and the feasibility of establish mass tort damagecompensation fund system in China through the analysis of comparison with otherrelief way and the existing fund relief way. The third part, introduce the damagecompensation fund system in USA, Germany, Japan and other countries, whichinclude reference and draw lessons, in order to provide the basis and advanced experience for mass tort compensation fund system established in China. The fourthpart, propose to damage compensation fund system of mass torts construction in ourcountry from four aspects, including the establishment of fund, fund organization, thesource of the fund, the fund payment, which aims to make the beneficial explorationto better protect the rights of the victims.