近几年重大药品安全事件层出不穷,由药品质量问题引发的侵权事件日益引起人们的关注。药品侵权具有主体不平等性和关系复杂性的特殊性,所以追究其责任不应仅考虑民法的填补性赔偿原则,还需考量惩罚性功能。然而,我国现行立法中缺乏兼有惩罚性功能和赔偿性功能的制度。为此,本文主张在我国药品侵权责任中引入惩罚性赔偿制度,并从构成要件、适用范围和赔偿数额三方面做出具体研究。 In recent years, major drug safety incidents have emerged in an endless stream. The infringement caused by drug quality problems has drawn increasing attention. Drug infringement has the characteristics of the main inequality and the complexity of the relationship, so the investigation of its responsibility should not only consider the principle of compensation for civil law, but also consider the punitive function. However, the current legislation in our country lacks a system of punitive functions and compensatory functions. Therefore, this paper advocates the introduction of a punitive damages system in China’s drug tort liability, and makes a concrete study from the three aspects of constitutional requirements, scope of application and amount of compensation.