在违约责任中适用惩罚性赔偿的探讨

Research on the Application of Punitive Damages in Liability for Contract Breach

惩罚性赔偿是广泛施行于英美法系国家中的一项制度。它在合同法领域中的应用,已经成为合同责任制度发展中值得关注的现象,但却依然存在着争议。而该制度与违约责任理论中的同质补偿理论、可预见性规则、风险分配理论、效率理论及效率违约理论冲突的协调与解决,则证明了其在违约责任中适用具有合理性。

The punitive damages is a system which is performed in the common law countries broadly.Its application in the field of contract law has already become a phenomenon which is worthy of more atten-tion in developing the liability for contract breach.However, there is still contraversy about it.The resolving of the conflict between punitive damages and a series of the theory of the Liability for contract breach proves that the application of punitive damages in liability for contract breach is rational.