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惩罚性赔偿源于英美法系,尤其在美国法中一直是一项颇为重要的制度。我国已开始在立法上逐步引入惩罚性赔偿并且收到了一定的社会实效,但是在惩罚性赔偿金数额量定上存在一些问题。本文的提出了我国惩罚性赔偿金数额量定问题并做了简要分析,以期促进该制度不断完善并发挥其应有作用。
Punitive damages originated from the Anglo-American legal system, which has always been a very important system, especially in the U.S. law. China has begun to gradually introduce punitive damages in legislation and has received some social benefits. However, there are some problems in determining the amount of punitive damages. This article puts forward the quantitative determination of the amount of punitive damages in our country and makes a brief analysis to promote the system to constantly improve and play its due role.