중국 불법행위법상의 징벌적 손해배상제도

Abstract

Punitive damages system in China's first legislation was in Consumer Rights Protection Law enacted in 1993, since then Product Liability Law and Tort Law have clauses related with punitive damages. The purposes of this study are to investigate punitive damages in China's Tort Law enacted recently and systematic relation with Product Liability Law and Consumer Rights Protection Law. China's legal system regarding punitive damages is divided into Consumer Rights Protection Law, Product Liability Law and Tort Law, and according to the law, there exists some differences such as application scope of compensation. Therefore, it needs improvement in the future. In addition, the requirements of compensation and the burden of proof have problems. Since there is no standard between 3 laws, it can cause disputes in litigations. Considering Korea's economic and legislative system, I think it is necessary to adopt punitive damages system by the limited way in cases death or serious health damages caused by defective products.