Research On The Mode Of Large - Scale Tortious Administrative Dominant Relief

With the coming of the risk society, the world has been faced with a variety of mass torts. Because of its proruption and tremendous influence, it’s difficult to relieve victims. Without the ability to relieve hundreds of thounds of victims or lack of reality in China, the litigation system,insurance,fund relief mode can not deal with mass torts effectively. Otherwise, practices proved that, administrative dominant model basing on China’s national conditions, is an effective method. It can relieve victims efficiently and in time, however, the weekness is shortage of democracy and justice. Be fear of the expansion of administrative power, less scholars and books were in the resecch area. Yet we had richer experience in practice about the administrative dominant model. Then it brought out theory faring away from practice. In a word, it’s necessary to study the administrative dominant model.This article in a vision of the advantage and disadvangtage of the administrative dominant model, analysises its necessity, theory and system in order to find its rationality and legality.In view of positivism, analyzing its necessity that the dilemma of relieving victims and the advantages of the administrative dominant model, through cases and comparative study. The dilemma in mass torts is the complex causality, the limited ability of wrecker and the numerous victims. The advantages are the ability of handing unexpected accidents, coordinating Interested parties and relieve victims in time.In view of valuation, the theory foundation of the administrative dominant model include the relationship between fairness and efficiency, the purpose of maintaining social stability, the national responsibility and weighting benefit on external economies. This part establishes value jugement, social contract theory, Paternalism and the externality theory. And thus can prove the rationality of the administrative dominant model.In the viewpoint of entity and procedure, this article will try to contrast the system of the administrative dominant model by analyzing cases. As the entity, the administrative dominant model should be limitly applied in product liability, liability for environment pollution and industry accident.Learning experiences from overseas and the reality of our country, the Committee for Mass Torts Relief should be set up in the State Council and provincial government. Financing must be in turn, the funds from wreckers raised firstly, then is relieve funds, donation and appropriation. What’s more, the appropriation includes emergency remedy, national compensation liability and lastly compensation. The principle of compensation is equal,but sometimes may have some difference. The wreckers must compensate direct victims, indirect victims and potential victims for the rights of life and health and property. While we also should give consideration to moral damage and pure economic loss. In order to solve the conflict of insurance, risk fund and civil suit, the claimant should sign the conciliatory contract to waive the right to start another suit. The relief mechanism include administrative action and administrative reconsideration.As the procedure, there are accident investigation, democratic participation, supervisory mechanism and recourse. During the accident investigation procedure, the Committee for Mass Torts Relief should cooperate with the Emergency Information System. The hearing and consultative draft will be the best democratic participation procedure, while have to be executed and reduced cost. The supervisory mechanism consists of internal supervision and external supervision, and then the external supervison covers legislative supervision, prosecutorial supervision and social supervision. Above all our country must perfect the legislative supervision right now. The principle of recourse is paying first, what’s more the recourse must distinguish the situation and by stages. Nevertheless, in order to normalize the recourse, we should also perfect the participation, supervisory and prescription for the real debtor.