我国惩罚性赔偿制度的合理性及完善路径

惩罚性赔偿是我国一项重要的法律救济手段,具有弥补损害、惩罚、震慑、预防以及奖励的功能。惩罚性赔偿制度是我国历史传统的顺延,更是当代立法的必要选择,具有合法性与合理性,但我国惩罚性赔偿制度的主体范围和具体量化规则还需要进一步完善。为此,提出增加电子商务平台为惩罚性赔偿的主体、为具体量化规则提供一定自由裁判空间、惩罚性赔偿适用公益诉讼案件等措施,以期切实完善我国惩罚性赔偿法律体系。

Rationality and perfecting paths of institution of punitive damages in China

Punitive damage is an important legal remedy measure in China, which has the functions of making up for damages, punishment, deterrence, prevention and reward. The institution of punitive damages is the extension of historical tradition in China, which is the necessary choice of contemporary legislation, and has legitimacy and rationality. However, the scope of subject and the specific quantitative rules of punitive damages in China still need further perfection. Accordingly, measures are proposed of adding e-commerce platform as the subject of punitive damages, providing certain discretionary space for the specific quantitative rules, and applying punitive damages to cases of public interest litigation, etc. in order to solidly perfect the legal system of punitive damages in China.