论惩罚性赔偿——经济法具体责任研究

经济法作为新兴的法律部门,应当具有其独立的法律责任形式,惩罚性赔偿就是经济法的一种具体责任形式.惩罚性赔偿制度在英美法系国家已广泛适用,而我国仅在<消费者权益保护法>第49条规定了双倍赔偿原则,其在实际运用中却往往不尽人意.本文通过比较英美法律和我国法律的规定,比较传统民法责任与经济法责任,探讨惩罚性赔偿的本质属性,指出我国并未出台真正的惩罚性赔偿制度,应尽快引入.

On the Punitive Damages--A Disquisition on Concrete Liability of Economic Law

As a newly arisen law, economic law should have its independent legal liability. Punitive damages are a kind of legal liability in economic law. Our country has only one clause about double damages in Consumer Rights and Interests Protection Art, and it was applied unsatisfactorily in practice, while the punitive damages has been applied widely in common law system countries. Comparing the legal norm in common law and China's law, the legal liability of traditional civil law and economic law, we can say China's Law does not include punitive damages, and must transplant it as soon as possible.