惩罚性赔偿责任的性质探讨

On Quality of Punitive Damages Responsibility

大陆法系国家对惩罚性赔偿制度持否定态度,英美法系国家对惩罚性赔偿制度持赞同态度。对惩罚性赔偿责任性质的认识,国内主要有民事责任说和经济法责任说两种。从惩罚性赔偿具有的特征、两大法系对惩罚性赔偿责任性质认识的共同点等方面分析,惩罚性赔偿责任应属于特殊民事责任。惩罚性民事责任能够弥补现行民事责任制度的不足。将惩罚性赔偿责任纳入民法典,与补偿性民事责任结合,对制裁和预防某些严重民事不法行为有独特作用,能更加充分有效地拓展民法的功能。

Continental Legal System has given a denial to punitive damages, but Anglo - American Legal System has adopted the positive attitude to it. There are some intense discussions on the quality of punitive damage, mainly ＂special civil responsibility＂ and ＂liability according to the economic law＂ in the theoretical circle of our country. This text elaborates the characteristics of punitive damages and analyses the quality of the punitive damage in the two systems. It points out it is special civil responsibility, for it can make up the shortage in current civil responsibility legal system. If punitive damage was brought into the civil code, with the compensatory damages, it would have special function on sanctions and prevention, thus expanding the function of the civil law more efficiently.