作为两大法系翘楚,美国和德国在损害赔偿法方面存在着显著差别。美国坚持补偿和惩罚结合的理论,德国则奉行纯粹的补偿学说,然而随着实务领域的发展,这种差别不再表现得不可动摇,美国法对惩罚性赔偿逐渐走向限制和成文法化,而德国在国内外的压力下开始在一定程度上承认惩罚性赔偿,传统的赔偿制度正在发生变革。 As a leader of the two legal systems, there are significant differences between the United States and Germany in the law of damages. While the United States upholds the theory of combination of compensation and punishment, Germany upholds the pure theory of compensation. However, with the development of substantive fields, such differences no longer have to be unshakable. The United States law increasingly restricts and codifies punitive damages. However, Germany Under the pressure at home and abroad began to recognize punitive damages to a certain extent, the traditional compensation system is undergoing changes.