法经济学视角下惩罚性赔偿的激励功能分析

Analysis of the Incentive Function of Punitive Damages from the Perspective of Law and Economics

惩罚性赔偿制度的目的之一是改变潜在加害人的行为方式,遏制潜在加害人侵犯他人的权益,从而促进社会资源最优化配置。从法经济学视角看,惩罚性赔偿具有双重激励功能,即对潜在加害人"守法"的激励和对潜在受害人"护法"的激励。发挥惩罚性赔偿制度激励功能的关键在于赔偿数额的合理考量、举证成本的有效降低及违法责任的明晰认定。

One of the aims of punitive damages system is to change the behavior of potential perpetrators, and to re- strain potential perpetrators from infringing other people＇ s rights and interests, so as to promote the optimal alloca- tion of social resources. From the point of view of law and economics, punitive damages have dual incentive func- tion, that is, to encourage the potential perpetrators to abide by the law and to encourage the potential victims of the law. The key to give full play to the incentive function of the punitive damages system lies in the reasonable consid- eration of the amount of compensation, the effective reduction of the cost of proof and the clear identification of the illegal liability.