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20世纪以来,伴随着社会情况的剧烈变化以及第三法域——社会法的蓬勃兴起,传统民法理论受到严峻挑战,具有两千余年历史的民法理论固有其一套完整严密的逻辑体系,但不可否认,这个体系是相对封闭的,其逻辑的起点和终点往往都囿于民法自身。传统民法终究也难以避免面对现实而无能为力的尴尬。本文从损害赔偿制度中民法的补偿性原则与经济法的惩罚性赔偿原则分析,力求探究经济法独立于民法而存在的价值所在。
Since the 20th century, with the dramatic changes in social conditions and the thriving third law - social law, the traditional civil law theory has been severely challenged. The civil law theory, which has a history of more than 2000 years, has its own set of complete and rigorous logic systems. However, It is undeniable that this system is relatively closed, and the starting and ending points of its logic often fall under civil law itself. After all, it is hard to avoid the awkwardness of the face of reality and powerlessness. This article analyzes the compensation principle of civil law and the principle of punitive damages of economic law in the system of damages and seeks to explore the value of economic law existing independently of civil law.