2009Zhongguo Renmin Daxue xuebaoRequires access

On the System Transformation of the Tort Law Based on Mass Tort

Yan Zhu

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Abstract

Modern society filled with accidents and risks causes the mass torts to occur frequently,which claims for modern tort law to make the corresponding adjustments of the system:The unitary fault liability transformed into dualistic liability principle system paying equal attention to the fault liability and strict liability;The constitutive requirements of damage and causation adopt the standard of value judgment advantageous to protecting the victim.The enterprise liability enjoys the important position.There coexist relief approaches of tort law,social security law and insurance law.And it is necessary to coordinate the general tort law and particular tort law as well as the procedural law.

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Modern society filled with accidents and risks causes the mass torts to occur frequently,which claims for modern tort law to make the corresponding adjustments of the system:The unitary fault liability transformed into dualistic liability principle system paying equal attention to the fault liability and strict liability;The constitutive requirements of damage and causation adopt the standard of value judgment advantageous to protecting the victim.The enterprise liability enjoys the important position.There coexist relief approaches of tort law,social security law and insurance law.And it is necessary to coordinate the general tort law and particular tort law as well as the procedural law.

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Available abstract

Modern society filled with accidents and risks causes the mass torts to occur frequently,which claims for modern tort law to make the corresponding adjustments of the system:The unitary fault liability transformed into dualistic liability principle system paying equal attention to the fault liability and strict liability;The constitutive requirements of damage and causation adopt the standard of value judgment advantageous to protecting the victim.The enterprise liability enjoys the important position.There coexist relief approaches of tort law,social security law and insurance law.And it is necessary to coordinate the general tort law and particular tort law as well as the procedural law.

Key concepts: Tort, Delict, Strict liability, Joint and several liability, Law, Mass tort, Causation, Liability insurance

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