近年来,随着我国法治社会的建设进程逐渐加快,法律制度的各个领域都开展了一系列新的研究,也在各方面都取得了很大的成果。然而,就我国的惩罚性赔偿制度而言,还处在一个起步阶段,我国相应的法律法规也不够健全,还需要更多的法律人深入研究,并制定出能够实际有效施行的一整套惩罚性赔偿制度。本文试图对惩罚性赔偿制度与刑法的区别和其本质进行分析和梳理,以利于今后相关法律体系的完善。 In recent years, as the process of building a society ruled by law gradually accelerates, a series of new studies have been carried out in various fields of the legal system, and various achievements have been made in all aspects. However, as far as China’s punitive damages system is concerned, it is still in its infancy. The corresponding laws and regulations in our country are also not sound enough. More legal professionals are required to conduct in-depth studies and work out a set of punitive measures that can be effectively implemented. Compensation system. This article attempts to analyze and sort out the difference and essence of the punitive damages system and criminal law in order to facilitate the improvement of the relevant legal system in the future.