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惩罚性赔偿是英美法系中自发形成的一种法律制度,在其历史发展过程中,经历了从惩罚滥用权势地位欺压普通百姓的权贵,到惩罚滥用优势地位欺压消费者的经营者的转变;市场固有缺陷导致经营者与消费者之间天然的不平等,需要通过惩罚性损害赔偿来平衡经营者和消费者之间的权利。我国有关法律对惩罚性赔偿作出了一些规定,但仍然需要从观念上和制度上进一步完善,以保护我国消费者权益,维护社会公共安全。
Punitive damages is a kind of legal system spontaneously formed in Anglo-American legal system. During its historical development, punitive damages have experienced the transformation from the power of punishing the abuse of power status to oppressing ordinary people and the operators of punishing the abuse of dominant position to oppress consumers. Inherent defects in markets lead to natural inequalities between managers and consumers, and the need to balance the rights between operators and consumers through punitive damages. China’s relevant laws provide some provisions for punitive damages, but still need to be further improved both in concept and system to protect the rights and interests of consumers in China and safeguard social public safety.