| 英文摘要 |
When a business owner provides defective products or services that cause damage to the victim, his/her punitive damages liability should not be extinguished when the person is dead; thus, the purpose of the punitive damages system can be implemented. However, the dispute on “Should the action of tort that caused the death of the victim on the spot receive punitive damages? And who is the subject of the request?” is derived due to the inadequate provisions in Article 6 of the Civil Code as well as Article 7 and Article 51 of the Consumer Protection Act. Up to now, different opinions still remain in judicial judgments, scholars’ writings or each other. By understanding the provisions of the survival statutes and wrongful death statutes in the U.S., this study attempts to reexamine the action of tort concerning the cause of pecuniary loss, the cause of non-pecuniary loss, the cause of injuries, the cause of death on the spot, and subsequent death in the laws of our country in order to clarify whether the subject of the request for punitive damages truly exists and who it will be, and respond to various opinions. Finally, in this study, it is believed the only solution is to amend the law so as to preserve the cause of action for the deceased, create a cause of action for the successor, or stipulate consumer protection groups for estate administrator when there is no successor. As a result, a consumer lawsuit can be filed to request punitive damages for the benefit of the deceased, which would be the right direction. |
