Research On Mass Tort Remedies

In recent years, with the rapid development of economy, mass tort have taken place in many areas. For example, in the fields of food "milk" milk powder incident, as well as the bombing of Tianjin Port in the environmental field, the occurrence of these events, not only to the victims of serious personal injury, gave them enormous property damage. From the current of the General principles of civil law, the tort liability Act and other legal norms, mass torts are not clearly defined, there is no special relief mechanisms for mass tort, it obviously does not meet the actual needs of relief for victims. Therefore, the victims from relief towards the point of infringement remedy system of, is the aim of this article.Paper first from mass infringement concept starts with, through compared about scholars views, detailed described what for mass infringement, that for a behavior or multiple with quality of causes, to quite more of victims caused personal damage, and property damage, and spirit damage or legal by protection of other interests caused damage of infringement behavior, on mass infringement of specific constitute for has analysis, from victims number generalized and uncertainty, and causal relationship of complexity, and damage compensation of difficult, and Damage the diversity and the lag focuses on four aspects. And together with the separate torts, tort and joint dangerous act of tort, I think the mass tort is a special form of infringement, further analysis of the background and causes of mass torts. The third part relates to comparative studies of mass tort relief system, through study abroad related theory and practice, with a view to the relief mechanism for reference to our country. Part IV focuses on establishing relief mechanisms for mass tort concept to meet relief needs of victims should be established specifically for special relief mechanisms for mass tort. The author believes that legislation should follow the principle of liability without fault combined with fault liability, reference to participation and taking into account the principles of equity and efficiency and in terms of the specific system, should give priority to personal injury compensation, improve the responsibility system, perfecting representative lawsuit system of mass tort relief mechanism for building and improving.