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在惩罚性赔偿制度中,企业利益与消费者权益似乎是一对永不调和的矛盾,但在美国产品责任领域,尽管饱受争议,该制度在近二十年却依然能够稳健运行,虽然其中不乏遵循先例原则的助推,但美国联邦高等法院在经典案例中所创制的理性与比例原则功不可没。理性原则解决了惩罚性赔偿制度适用的前提条件,而比例原则则解决了惩罚性赔偿责任的数额限制,两者围绕美国宪法正当程序原则展开,最终也是回归到正当程序原则,既保障了消费者权益,又不失为企业利益考虑的平衡之策。
In the punitive damages system, the interests of the enterprises and consumers seem to be a pair of never-reconciled contradictions. However, in the field of product liability in the United States, despite the controversy, the system has been able to operate steadily for nearly two decades, though There is no shortage of incentives to follow the precedent principle, but the rationality and proportionality principle created by the U.S. Federal High Court in the classic case is not negligible. The principle of rationality solves the preconditions for the application of the punitive damages system, while the principle of proportionality solves the limitation of the amount of punitive damages. Both of them center on the principle of due process in the United States Constitution and eventually return to the principle of due process, which not only protects consumers Equity, but also for the business interests of the balanced consideration of the policy.