从三鹿奶粉事件看我国惩罚性赔偿的适用

Discusslon on the Application of Punitive Compensation From China's'Sanlu Milk' Case

三鹿奶粉事件给众多婴幼儿家庭造成了极大伤害。依法追究责任人的刑事责任,严厉打击违法犯罪行为,是刑事立法的本意。对于事件的善后处置,笔者认为,应当加大民事赔偿力度,使受害者心灵得到些许慰藉,特别是应加大惩罚性赔偿力度,对其他企业起到良好的警示、震慑作用。我国《消费者权益保护法》第49条对惩罚性赔偿作了规定,尤其是《物权法》颁布以来,惩罚性赔偿引起了诸多学者的关注。本文以三鹿奶粉事件的民事赔偿为切入点,从惩罚性赔偿功能定义出发,探讨国内外惩罚性赔偿制度相关规定,阐述我国惩罚性赔偿的适用范围、适用条件、赔偿标准等。

＂SanLu milk＂ incident has caused great harm to the large number families which have infants and young chil- dren. It is the intention of criminal legislation that criminal liability shall be investigated according to law and all crimes must be severely dealt with by law. For the disposal of the aftermath of the incident, I think that the civil compensation should be in- creased in order to comfort the victims＇ heart; in particular, the punitive compensations should be increased so that it activates a warning signal to other enterprises. Article 49 of Law of the People＇s Republic of China on the Protection of Consumers＇ Rights and Interests has stipulated the general terms of punitive compensation. Especially after the promulgation of the ＂Property Law of China＂, Punitive compensation has arose widely attention of scholars. This paper is, based on the civil compensation of ＂SanLu milk＂ incident, trying to discuss the relevant rules of the punitive compensation system both at home and abroad from the point of view of the definition of punitive compensation＇ function, and introduces some ideas about the application scope and condition and standard of punitive compensation in china.