大规模侵权救济问题研究

大规模侵权责任须符合侵权责任构成要件，可以被纳入侵权责任法的调整范围，且受害者众多，发生原因同一或同质，救济困难。从我国法制环境看，产品责任、药品责任和环境污染责任是主要的大规模侵权责任类型。目前对此种侵权损害的救济方式主要有大规模侵权损害救济基金、责任保险、惩罚性赔偿和举证责任倒置及连带赔偿责任。对于此四种救济方式而言，法技术上的可为之处主要在于认定此类侵害行为与损害结果之间的因果关系及被告之间的责任承担。在因果关系的认定上，应适用举证责任倒置规则，由被告证明其行为与损害没有因果关系。在责任承担上，由加害者在无法反证其不应承担责任的情形下，对受害者承担连带责任。

Studies on Remedy Problems of Large -scale Torts

Liability for Large - scale torts should conform to general elements of tort and are within regulation of tort law. This kind of liability has such characteristics as having many victims, the same or similar cause and remedy difficulty. In Chinese legal circumstances, product liability, medicine liability and liability for environment pollution are such typical examples. So far, the main remedy ways for such damag nitive compensation, reverse liability of proof and joint liability. For es include remedy fund,liability insurance, pu- these four remedies, what legal techniques can do mainly lies in ascertaining the causal connection between such tortious conducts and damages and the liability between the defendants. As for the ascertaining of causal connection, the rule of reverse liability of proof should ap- ply, that is, it is up to the defendant to prove that there was no causal connection between his conducts and the damages. As for liability, if the defendant could not prove that he should not be responsible for the damages, he should take joint liability for the victim.