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惩罚性赔偿是源自于英美法中的重要而特殊的一项制度。随着经济全球化化发展,不同法律文化国家之间的法律交往越来越密切,该制度也正逐步影响着大陆法系国家的法制发展。虽然大陆法系国家迄今仍未接受该制度,但一些大陆法系国家在其国内立法中也有类似的运用和实践。随着对该制度研究和运用的不断深入,其在实践中也有了突破和新的发展。本文拟通过对中外惩罚性赔偿运用和发展的研究,为其在我国的进一步建立与发展和我国民法典的制定提供一些参考性建议,也是为了更好地发挥该制度应有的作用。
Punitive damages are derived from an important and special system in Anglo-American law. With the development of economic globalization, the legal exchanges between different legal culture countries are getting closer and closer. The system is also gradually affecting the development of the legal system in civil law countries. Although civil law countries have so far not accepted the system, some civil law countries have similar applications and practices in their domestic legislation. With the deepening of the research and application of the system, it has also made breakthroughs and new developments in practice. This article intends to provide some reference suggestions for its further establishment and development in our country and the formulation of civil code in our country through the research on the application and development of punitive damages both in China and abroad, and also in order to give full play to its due role.