浅析惩罚性赔偿制度的适用范围

Scope of application on punitive compensation system

主要论证了惩罚性赔偿制度在侵权领域和合同领域中适用范围。认为,在侵权领域,一般情况下该制度只适用于直接故意的侵权,但对于具有特殊注意义务的人,不能排除在间接故意和重大过失时适用惩罚性赔偿制度;在合同领域,一般的违约行为不适用惩罚性赔偿制度,但对于"转移财产、抽逃资金以逃避债务的","为了逃避债务,债务人以明显不合理的低价转让财产的","对于因当事人一方的过错(如欺诈、乘人之危等)而被确认为无效或被依法撤销的合同"依然不能排除惩罚性赔偿制度的适用。同时,提出了惩罚性赔偿的限度。

The author expounds mainly the scope of application of punitive compensation system in the area of right invasion and contract. The author considers that in the area of right invasion, in general, the system is applied to the direct and deliberate right invasion. However, the people who have special obligation can't exclude in the system of punitive compensation by making indirect, deliberate and big mistakes. In the area of contract, the punitive compensation system isn't applied to common break of contract. Yet, the following situation such as asset transference, capital draw to escape debt, apparent and unreasonable low price by debtor to escape debt, the contract revoked by law and proved to be invalid for the mistakes of deceiving and pouncing anyone in trouble behaved by any of clients are still in the application scope of the punitive compensation system. In the meanwhile, the author puts forward the limit of punitive compensation.