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Business operators shall, if the commodities or services they supply have caused personal injuries to consumers or other victims, pay for the victims’ medical expenses, nursing expenses during medical treatment, the reduced income for loss of working time and other expenses. And business operators shall, if the commodities or services they supply have disabled the consumers, also pay for the victims’ expenses on self-help devices, living allowances, compensations for disability and the necessary living cost of the persons supported by the disabled. Business operators shall, if the case constitutes a crime, be investigated for criminal responsibility according to law. 23
The article 42 of the law also stipulates that:
Business operators shall, if the commodities or services they supply have caused death of consumers or other victims, pay for the victims’ funeral expenses, compensations for death and the necessary living cost of the persons supported by the deceased during their lifetime.
In the Law on Product Quality amended in 2000, the first section of article 44 provides that :
Where bodily injury is caused by a defective product, the infringer shall compensate for the medical expenses, the nursing fee incurred during the period of treatment and other economic losses of the infringed such as the decreased earnings due to loss of his working time.
Where the infringed becomes disabled, the infringer shall also pay such fees as the fee for self-help apparatus, the subsistence allowance, damage for the disabled, and necessary living expenses of the person (s) the infringed maintains.
Where such defect causes death of the infringed, the infringer shall also pay the funeral expenses, the death damage, and necessary living expenses of the person(s) supported by the infringed before his death. 24
In addition, the Measures on Handling Traffic Accident has also similar provision in article 36:
Damage items includes medical expenses, fees for loss of working time, food subsidies for victim during the period of his or her treatment in hospital, nursing fees, living subsidies for disabled person, apparatus fee for disabled person, funeral expenses, compensatory fee for death, living expenses for the person (s) the infringed maintains, car fare, lodging fare and direct damage to property. 25
Here the “damage for the disabled”, “death damage”, “compensatory fee for death” are all in nature of spiritual soothing money. The three forms of mental pacified payment provided in “interpretation” are the same as the meaning of laws above-mentioned.
【注释】FOOTNOTES
n1. See the Oxford Companion to Law, Clarendon Press, Oxford, 1988, at 1142.
n2. See the Black’s Law Dictionary, Seventh Edition, at 542.
n3. See Yang Lixin, the New Edition on Compensation for Mental Damage, Beijing, International Culture Press, 2001, at 7. (in Chinese)
n4. For both English and Chinese versions of the law, please visit the website of China Legislative Information Network sponsored by the Legislative Affairs Office of the State Council P. R. China at http://www.chinalaw.gov.cn/ .
n5. For English version please visit a fee-based website at http://www.isinolaw.com/ , under the column Judicial Interpretations, Cases and Awards; the Chinese version can be searched from http://www.chinalaw.gov.cn/.
n6. Id.
n7. Text of the law in English version may be traced at http://www.chinalaw.gov.cn/.
n8.Text of the measure in Chinese version may be traced at http://www.chinalaw.gov.cn/. No English version available in both printed and web format yet.
n9. Article 40, see the Constitution of the People’s Republic of China(in English version) at http://www.chinalaw.gov.cn/.
n10. Article 120, see Civil Procedure Law of the People’s Republic of China (in English version) at http://www.chinalaw.gov.cn/.
n11.See supra note 4.
n12.See A Comprehension and Application of Interpretation on Several Problems Relating to the Definition of Mental Damage Caused by Tort (People’s Court Press, 2001), at 244-247.
n13.Id. At 232-235.
n14.See the Laws of the People’s Republic of China (2001), Law Press, 2002.9.
n15.See supra note 5.
n16.See Selection of Cases of People’s Court:1992-1999 (china legal publishing house, 2000.9), at 123.
n17.See supra note 5.
n18.Id.
n19.Id.
n20.The Chinese version of the Circular can be searched from the website at http://medlaw.nease.net/bjgypcbz.html, no English version available in both printed and web format yet.
n21. The Opinion in Chinese may be read from the website at http://hxh.xiloo.com/fzkx/jsxh.htm, no English version available in both printed and web format yet.
n22. The Chinese version of the Measure may be acquired from the government website of Guangdong Province at http://www.gd.gov.cn/ .
n23. See supra note 7
n24. Text of the law in English version may be available at: http://www.chinaonline.com/refer/legal/Mmeyer_laws/pdf/pdf_e/991216law-SS.pdf
n25. See supra note 8
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