摘要
惩罚性赔偿 ,是加害人给付受害人的实际损失之外的金钱赔偿。本文在评析我国现行立法的基础上 ,提出如下主张 :如将其适用范围扩充 ;在对行为人的主观恶性的要求上 ,要包括欺诈、重大过失下的不实陈述、滥用权利等恶劣心态 ;就惩罚性赔偿的数额 ,应无上限规定 ,而应由法官结合具体情况予以自由裁量。
Punitive damages are damages on an increased scale awarded to the plaintiff over and above what will barely compensate him for his property loss. So they are also called “exemplary” or “vindictive” damages, or “smart money”. The author pay more attention to reality of China. NPC adopted Protecting Consumer’s Rights and Benefits Act in 1993. There is content about punitive damages, which embraced in §49. The clause gives people remedy to defend one’s right, and it also gives people motive to struggle against fraud. But it is not perfect so that the same case can’t acquire same result. The author analysis reason about this. Finally, a conclusion is reached, which is to enlarge the applied scale of punitive damages, to reduce the limitation on punitive damages, and others.
出处
《当代法学》
2004年第3期82-88,共7页
Contemporary Law Review
