Liability Insurance In The Mass Torts

Mass torts of the frequent occurrence of a high degree of risk society today, not only for themajority of the people caused serious personal and property damage, affected the normal economicoperation order and stability and harmony of the social situation, but also mass torts relief compensation forvictims of abuses from occurring also poses a challenge to the existing legal system. Our "Tort LiabilityAct" the most important legislative purpose is to protect the civil subject of civil rights are not infringed,guarantee civil subject rights have been violated is a timely and effective relief. But in today’s society, wefind that the event mass torts of the current legal system is unable to provide full and timely means of relieffor the victim, because "Tort Liability Act provided for the victim traditional relief mode-individual modedamage relief, is to rely on the offender the power of individuals to fill the damage. Handling of mass tortissues in accordance with this model, you will encounter the offender compensation capacity is limited, andthe determination of causation difficult, long-term latent damage, the litigation process is long and arduousseries of problems. In fact, in the relief of victims of mass torts compensation main by administrativeremedies mode, tort event one occurs, the government departments that rapid intervention, take strongadministrative means and measures to dominate the process of relief to the victims. The advantage of thismodel is a high efficiency, victims can quickly get guaranteed compensation. But its drawback is obvious,mode legitimacy of the executive-led government to use the fiscal funds for mass torts of perpetratorsassume liability reasonable is debatable.In view of this, the new way of the development of mass torts infringement damages relief, toensure timely and adequate relief to the victims to become one of the major issues facing our society. Thepaper argues social the relief compensation mechanism, the liability insurance system for mass tortsinfringement damage relief, use of social resources is liable for damages. mass torts violations of the paperwill start, four layers of discourse.Mass torts, with its number of victims as much as the serious damage caused widespread impactin the community. The first part of this paper is that the mass tort damage relief status quo and thedifficulties faced by the overview summarizes the characteristics of the mass tort damages, the legal natureof mass tort Exploration draw mass tort can not become a special class violations "Tort Liability Act" independent regulation. Legal nature and composition of mass tort and general tort is no different, but thedamage characteristics of its relief facing special difficulties, inadequacies in the traditional mode ofindividual relief and the executive-led relief mode. Comparative analysis of research on a variety oflarge-scale Infringment relief countermeasures, which leads to the central argument of this article.The liability insurance system as a way to of mass torts damage relief, and the first to prove thatit has realistic feasibility. Any system only suitable for the growth of the soil on to a burst of vibrant vitality.The second part of this article that is realistic basis and prerequisite argument liability insurance system isapplied to mass tort damage relief. Relief trends, from modern society tort damages deal with on thelimitations of traditional tort law, mass tort insurability of the risk of China’s insurance industrydevelopment and economic foundation argument.Academic research on mass tort damage relief mechanism punitive damages theory, the theory ofmarket share, the compensation fund system a variety of countermeasures, but the liability insurancesystem compared with its special advantages. Way of as mass torts damage relief to be able to receive agood social and legal effect, is of great significance. The third part of the advantage from the liabilityinsurance system, discusses its use as early as mass tort damage to the significance of the relief.Relief academia there is no lack of research used in mass tort damage liability insurance system,but throughout his discussion, not stop framework build on the principle of few detailed its applicationspecific system design and research. The last part of this article is to study their application specificsystems, including basic system, set of insurance agencies, insurance risk dispersion, trying to bear with allaspects of the liability insurance system so that it has a realistic maneuverability, able in society in thepromotion of open, by the effect of social and legal effect, to provide adequate and timely relief for masstort victims.