Research On The Fund System Of Mass Damage Compensation

We live a very dangerous life in this dangerous society, because mass torts happen every day, due to the natural scientific uncertainty and the constantly expansion of social production. So, here comes the very much important issue, that is, how to rescue those victims. However the complexity in causal relationship between the mass torts and the outcomes, the large number of victims and the difficulties in rescuing the victims, make traditional tort law impossible to cope with this crisis. In order to ensure that the most of the victims in the disaster get the compensation and life insurance as much as possible, we need to create new mechanisms in terms of law on how to cope with such crisis. In general, the traditional tort relief pattern includes judicial proceedings, administrative compensation and liability insurance. These patterns play a very important role in different time, different countries, and different tort field, but still, they have limitations to a certain extent.The characteristics of the mass torts require new regulations on how to remedy the victims on both the entity level and the procedure level. As a kind of new exploration, Mass torts damage compensation fund plays a very good role in dealing with the "911terrorist incidents ", as well as China’s "Sanlu milk powder scandal". Mass torts damage compensation fund features social fairness and justice and can both timely and effectively rescue the victims, and protect the maintenance of social harmony. Thus it is a very practical and confirmed manner in terms of weathering this crisis. In China, we practice this after the "Sanlu milk powder scandal". But it does not work very well, because we lack law and regulations in this field as to how to manage the Fund and supervise the Fund. Thus people from the entire wall criticize it. The author believes that for this mode to finally build in our country, we need to detail it in the law like who is eligible to manage the Fund, under what circumstance can the victims apply for the fund, and so on. Therefore the author recommends we promulgate "how to levy in mass torts Damage compensation Fund and how to manage the mass torts damage compensation Fund "according to our national condition, first by the State Council and then promulgate law by the National People’s Congress (NPC) to detail the issue.In this article, the author will start from the characteristics of mass tort then leading to why we should set up the mass tort damage compensation fund, then how to set up the mass tort compensation fund on the experience of domestic and foreign practice, in the hope of making certain contribution to the building of mass-tort damage compensation fund system in our country finally.