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惩罚性赔偿制度是与补偿性赔偿相对应的一种损害赔偿,开始只是在英美法系国家适用,但随着其发展对大陆法系国家也产生了深远的影响。惩罚性赔偿制度从第一次适用到现在一直伴随着争议,但是这一制度却在争议的声中不断的成长壮大,之所以会出现这样的情况是因为惩罚性赔偿能够适应社会的需要,能够更好的发挥法律的惩罚和预防的功能,更好的维护社会多数人的利益。目前我国虽然有一些法律做出了有关惩罚性赔偿的规定,但是力度不够且范围相对社会的需要显得狭窄。本文旨在阐述惩罚性赔偿制度的完善,其中主要针对《消法》第49条,《解释》第8条、第9条进行评析,分析其不足之处并提出建议。
The punitive damages system is a kind of damages corresponding to compensatory damages. The beginning is only applicable in Anglo-American legal system countries, but its development has far-reaching impact on civil law countries as well. The system of punitive damages has been accompanied by controversy for the first time since its inception. Nowadays, this system has continuously grown and expanded in controversial voices. The reason for such a situation is that punitive damages can be adapted to the needs of society. Give better play to the function of punishment and prevention of law, and better safeguard the interests of the majority of society. At present, although some laws in our country have made provisions on punitive damages, their needs are not enough and their scope is relatively socially narrow. The purpose of this article is to elaborate the perfection of the punitive damages system. The main contents are: Article 49 of Consumer Law, Article 8 and Article 9 of Interpretation, and analyzes its shortcomings and suggestions.