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惩罚性赔偿也称示范性赔偿或报复性赔偿,是指赔偿数额超过实际的损害数额的赔偿。惩罚性赔偿制度系英美普通法的损害赔偿制度,最初主要用于侵权责任,后来逐渐被应用于合同纠纷,特别是消费领域,并被大陆法系国家借鉴和引用,逐步发展成一种世界性意义的赔偿规则。我国现行一些法律也有关于惩罚性损害赔偿的规定,但还存在一些适用条件、适用范围以及惩罚性损害赔偿金的计算等方面的问题。我国有必要借鉴其他国家与地区的经验,制定出符合我国国情的惩罚性赔偿规则。
Punitive damages, also known as exemplary compensation or retaliatory compensation, refer to compensation for damages in excess of the actual damages. The system of punitive damages is the common law damages system in Anglo-American law. At first, it was mainly used for tort liability and was gradually applied to contract disputes, especially in the field of consumption. It was borrowed and cited by civil law countries and gradually developed into a worldwide significance The compensation rules. Some existing laws in our country also provide for the provisions on punitive damages, but there are still some problems of applicable conditions, scope of application and calculation of punitive damages. It is necessary for our country to learn from the experience of other countries and regions to formulate punitive damages rules in line with China’s national conditions.