论罚金与惩罚性赔偿的折抵

On the Discount Between Fine and Punitive Damages

基于罚金与惩罚性赔偿之间的同质性,以及责罚均衡原则、法律惩罚措施协调统一等要求,应该允许罚金与惩罚性赔偿之间的折抵。在罚金与惩罚性赔偿如何折抵的问题上,应当在坚持优先保障被害人的合法权益,在遵守法律基本原则和原理的基础上灵活解释、适用法律,追求法律效果和社会效果的统一。

Based on the homogeneity between fine and punitive damages,as well as the principle of balance of punishment and punishment,the coordination and unification of legal punishment measures,a discount between fine and punitive damages should be allowed. On the issue of how to offset the fine and punitive damages,we should adhere to the priority to protect the legitimate rights and interests of the victims,abide by the basic principles and principles of the law,apply the law flexibly on the basis of law,and investigate the unity of legal and social effects.