“惩罚性赔偿”及人权与经济发展的关系

On "Punitive Compensation" and the Relation between Human Rights and Economy Development

由于我国目前个别司法理念存在问题,致使赔偿制度无论是从制度上还是从实践上都远未发挥其应有的社会作用。在赔偿领域,适度的惩罚性赔偿是保证在全社会领域实现公平与效率的有效手段,可以矫正失范的社会秩序,同时,它也是人权保障的重要手段,并为进一步的经济发展奠定基础。

For problems in particular judicial idea, however, compensation has not been played effectively enough from institution to practice. In compensation fi eld, the proper punitive compensation is the effective method, which makes justi ce and efficiency come true for whole society, and the abnormal order to be norm al. In the meanwhile, it is also an important means to protect human rights, and prepare a better basis for the further economy development.