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Research on Civil Remedy of Mass Torts

Author: GuoZuo
Tutor: LiMingFa
School: Anhui University
Course: Civil and Commercial Law
Keywords: mass torts Product Liability victim remedy diversity mechanism
CLC: D923
Type: Master's thesis
Year: 2011
Downloads: 145
Quote: 1
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Abstract

The development of economic life and science technology, has brought convenience and comfort to our life, and also creates many damages and risks that we have never had before. The illegal behaviors that infringe personal interest emerge frequently, and numerous mass torts show up, infringe not only our property, but also our lives and health. Especially the mass torts in the fields of products, like foods and drugs, once the personal injuries occur, there are usually numerous victims and huge compensations, the consequences are so serious that even put public interest in danger. While the human beings crate material civilization to higher level, then they need the social rescue system which can guarantee their safety much more completely.The mass torts remedy mechanism in China is usually led by the government in the field of Product Liability, although this system has the advantage of speedy relief, it will also not maintain long, because of the limited financial tax, there is doubt that the government use the money raised by the public to pay for offenders. And if relying on enterprises themselves to undertake the remedy, it will face many other problems like relieve untimely, funds without guarantee or enterprise going bankrupt, and so on. How to prevent and reduce accidents, and to relieve the victims fully after damages, has become a very important social and legal problem which needs to be solved immediately, without any delay.While facing the mass torts, the advanced legislations and practice from other countries and regions provide us many useful experiences. The class action in the United States increases the possibility that victim earns compensation much, punitive damages can prevent and frighten illegal behaviors, and the Market Share Liability solves the relief problem when the offender is not clear. The lasting relief system in Japan guarantee the victim’s compensation in future, and selected party system show victims’own minds. The result of class action in Germany can be used in similar cases, and liability insurance shows that damages are burdened by the society. Mass torts is the global big problem, only to communicate and cooperate with other countries, and to absorb and learn advanced experiences based on our own situation, can we develop the remedy mechanism continually.The core of Torts in the modern society is to rescue the victim fully, the principle of law has already changed from corrective justice to distributive justice, the liability of individual person has been weak, and to focus on the balance of social liability much more, thus brings the diversity choices of rescuing to the victim. As the most important relief system traditionally, Infringement Liability does not have fixed compensation, because of the offender’s limited compensation ability, and its function of compensation and prevention shows up much more limits when it faces mass torts. Liability Insurance spreads the loss of victim to the whole society, thus to reduce compensation pressure effectively, and to reduce the damage risk. The advantage of the remedy funds is to provide financial support to the damage relief of the victim in future. Social security system shows the meaning of distributive justice, and its purpose is to maintain survival rights of the social members. The government also show great importance which can not be replaced while dealing with the mass torts and infringement events.Nowadays, our country has kinds of remedy systems, but the development situations are not balanced. In the modern society full of risks, building up diversity remedy mechanism is the only way to protect human rights and to maintain harmony society. According to the shortage of our current legislations and practice, we must focus on the achievement of relief function of Tort Law, improve the remedy mechanism of mass torts in the field of Product Liability continually, and build a coordinate system concluding civil compensation, liability insurance, remedy funds, social security and country liability, to make them work and cooperate with each other fully, thus to protect victim’s legal rights, and to maintain the whole society harmony and steady.

Research on Civil Remedy of Mass Torts

Abstract

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