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惩罚性赔偿是一种兼具公法和私法双重性质的民事损害赔偿制度,具有惩戒、威慑、预防的作用。1993年《消费者权益保护法》首次正式引入,此后我国的惩罚性赔偿不断发展完善,其适用范围从最初的消费者领域逐渐扩大到合同、食品和知识产权领域,惩罚金的赔偿数额和计算方式也不断改进。现我国的惩罚性赔偿制度已初具体系,但仍有进步的空间。
Punitive damages is a system of civil damages that combines the dual nature of public law and private law, and plays a role of discipline, deterrence and prevention. Since 1993, the “Consumer Protection Law” was first introduced formally. Since then, punitive damages in our country have been continuously developed and perfected. Its scope of application has gradually expanded from the initial consumer field to the field of contract, food and intellectual property. The amount of compensation for punitive damages and its calculation The way is also constantly improving. Now our system of punitive damages has taken shape, but there is still room for improvement.