论惩罚性赔偿与行政罚款的适用规则

Research on the Rules of Application of Punitive Damages and Administrative Fines

惩罚性赔偿制度在我国的引入,带来了行为人因同一行为同时承担惩罚性赔偿和行政罚款责任的问题。对此,司法实践中因法院对惩罚性赔偿性质认定的差异形成了不同进路。基于适用程序和提出惩罚性赔偿主体的不同,可将我国司法实践中的惩罚性赔偿归纳为私人诉讼惩罚性赔偿和民事公益诉讼惩罚性赔偿两种。私人诉讼惩罚性赔偿因民事义务产生,旨在救济私人、填平损害,是一种民事责任,与行政罚款可同时适用不折抵;民事公益诉讼惩罚性赔偿虽因民事义务产生,但其适用于民事公益诉讼程序,旨在维护公共利益、惩罚不法行为,是一种公法责任,与行政罚款同时适用时,为避免“一事二罚”,应根据两种责任作出的先后按照不同折抵规则进行折抵。

The introduction of punitive damage system in China has brought the problem that the perpetrator should bear punitive damages and administrative fines at the same time for the same act. In this regard, different approaches have been formed in judicial practice due to the differences in the courts’ determination of the nature of punitive damages. Based on the difference of the application procedure and subject of punitive damages, punitive damages in China’s judicial practice can be summarized into two types: punitive damages in private litigation and those in civil public interest litigation. Punitive damages in private litigation arising from civil obligations, aimed at relieving private and filling the damage, it is a kind of civil liability, which can be applied at the same time with administrative fines without offsets.Punitive damages in civil public interest litigation arise from civil obligations, but they are applied to civil public interest litigation procedures to safeguard public interests and punish wrongdoing, which is a kind of public law liability, and when it is applied at the same time with administrative fines, in order to avoid "two penalties for one thing", the two liabilities should be offsets in accordance with different offset rules according to the time sequence when they were made.