中國産品責任賠償範圍硏究 -以侵權責任法與判例爲硏究視角- = A Study on the Scope of Damage Compensation of Chinese Products Liability -Focused on the Tort Liability Law and Cases-

다국어 초록 (Multilingual Abstract)

Chinese Tort Liability Law, which was enacted in 2010, has a great influence to the Chinese tort liability system, including the products liability. Before Tort Liability Law, the adjustments of product liability laws are General Principles of the Civil Act, Consumer Protection Law, Product Quality Law and so on. These laws have a positive effect on protecting the rights of victims, but still not enough. The execution of Tort Liability Law became an important role as a complementary product liability legal system. After the Tort Liability Law, Consumer Rights Protection Law was amended; Food and Drug Judicial interpretation of the Supreme People`s Court has also been announced to take effect in March 15, 2014. It is necessary to study on the impact of these laws and judicial interpretation on the Tort Liability Law and Product Liability legal system, the relationship between these regulations and Product Quality Law, other judicial interpretation, the scope of compensation for damages of product liability and calculation of damages. The scope of tort liability damages includes physical damage, property damage and mental damage. But there is special damage in product liability damages, which is punitive damage. Firstly, with the price of product increasing, whether the victims can receive the compensation for the defect product in the tort litigation becomes more and more important. Secondly, Tort Liability Law determined the scope of the physical damage, but there still remains some conflicts with other regulations. Finally, punitive damage is the characteristic in product liability legal system. This paper will study on the above matters and some related cases, and be used to the previous reference for comparative study of China and Korea product liability legal system.