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Mass tort liability study

Author: SunHongFei
Tutor: ShenJianPing
School: Heilongjiang University
Course: Legal
Keywords: masstort market-share theory Liability Insurance System compensation for damages
CLC: D913
Type: Master's thesis
Year: 2011
Downloads: 112
Quote: 0
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Abstract


The faster social industrialization is proceeding, the more mass production repeat appears. It creates huge mass torts. People were still fear of the“BIG HEAD BABY”inferior milk powder in 2004 and“Tony red”in 2005 also“duck eggs with red yolk”in 2006. Because of the short duration of our large-scale product, the relevant law system has been delayed, so does the victims’relief service. In judicial practice, clients have been beset with difficulties in looking for judicial relief.The first chapter of this essay analyzes the historical reasons and back ground through discussing the basic theories, definition, differences; criterion of liability, constitutive requirement exc. The second chapter will analyze the system that foreign countries use. It presents that we should learn from others experiences to make a proper system. The third chapter lists some ideas based on our national mass torts responsibility construction. It presents the proper method for China is to build a multi- Relief mode.With the rapid development of the economic and the society, more harmful cases would be caused by general industrial product. If we still cling stubbornly to the causality in tradition with no modification, we would not able to accommodate our tort law to the need of the reality, meantime, unable to keep the safety of the individuals and financial. In a word, the tort law in china should establish a rule about market-share to meet the rapid development also safeguard people’s legal right at the same time.

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