新修订的《消费者权益保护法》第五十五条对惩罚性赔偿进行了重新厘定和完善。然而,消费者权益保护案件中惩罚性赔偿的适用由于受传统公、私法二元分立的影响,曾经一度不能被大陆法系国家所接受,但是在“市场失灵”与“政府失灵”的现实语境下,公、私法二元分割的界限逐渐模糊、淡化,呈现出私法公法化趋势。本文基于新修订的《消费者权益保护法》第五十五条的解读为视角,以五则典型的惩罚性赔偿案例在消费者权益保护案件中的适用为 The newly revised “Consumer Protection Law” Article 55 of the punitive damages have been redefined and improved. However, the application of punitive damages in consumer rights protection cases was once not accepted by civil law countries because of the bifurcation between traditional public law and private law. However, in the case of “market failure” and “government failure” Under the realistic context, the dividing line of the dual divisions between public and private law is gradually vague and desalination, showing the trend of public law of private law. Based on the interpretation of Article 55 of the newly revised “Consumer Protection Law”, this article uses five typical cases of punitive damages in the protection of consumers’ rights and interests as