我国学界对于产品责任惩罚性赔偿制度进行多年的研究,但是由于缺乏相关的学理支撑以及现有国情的实践障碍,该制度在我国迟迟未能施行。而目前正处于改革转型时期的中国,一方面要维护社会公共利益,抚平改革中出现的伤痕;另一方面亦要推动我国企业发展壮大。因此,在构建产品责任惩罚性赔偿制度的过程中必须对之进行时代关照并寻求其共赢的解决方式,这亦是本文的立意之所在。 However, due to the lack of relevant academic support and the practical obstacles of the existing national conditions, the system has been implemented in our country for a long time. At the moment, China, which is now in the process of reform and transformation, must safeguard social and public interests and heal flaws in its reforms. On the other hand, it will also need to promote the development and growth of its enterprises. Therefore, in the process of constructing the system of punitive damages for product liability, we must take care of the times and seek a win-win solution. This is also the intention of this article.