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惩罚性赔偿制度设置目的在于惩罚和制裁不法行为人,阻遏该行为人将来再次从事该类似之不法行为,给他人提供警戒和社会示范。其产生于英、美等普通法系国家的判例,在近二百多年的适用过程中,虽然不断受到批判,但是其适用范围仍呈现扩张趋势,体现了该制度的优越性。因此,从惩罚性赔偿的基础理论出发,通过梳理惩罚性赔偿在各国的立法和司法实践考察,意图探讨惩罚性赔偿在我国民法体系存在的合理性问题。同时,结合我国当前民事立法状况和司法环境,论述该项制度在我国适用的可行性和必要性,从而论证我国对惩罚性赔偿的立法选择的必要。
The system of punitive damages is designed to punish and sanction the wrongdoer and deter the perpetrator from engaging in such similar wrongdoing again in the future to provide vigilance and social demonstration to others. It has its origins in the jurisprudence of common law countries such as Britain and the United States. Although it has been criticized in nearly 200 years of application, its scope of application still shows an expansion trend, which shows its superiority. Therefore, starting from the basic theory of punitive damages, through the review of the legislation and judicial practice of punitive damages in various countries, this paper intends to explore the rationality of punitive damages in the civil law system of our country. At the same time, combining with the current civil legislation status and judicial environment in our country, this paper discusses the feasibility and necessity of applying this system in our country, so as to demonstrate the necessity of legislation choice of punitive damages in our country.