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惩罚性损害赔偿也称示范性的赔偿或报复性的赔偿,是指由法庭所作出的赔偿数额超出实际损害数额的赔偿,它具有补偿受害人遭受的损失、惩罚和遏制不法行为等多重功能。惩罚性赔偿主要是美国法中与补偿性赔偿相对应的一项特殊民事赔偿制度,它通过让加害人承担超出实际损害数额的赔偿,以达到惩罚和遏制严重侵权行为的目的。但由于该制度本身存在诸如合宪性以及过高的赔偿数额等问题,也是英美法系一直以来颇具争
Punitive damages, also known as exemplary compensation or retaliation, refer to the compensation made by the court that exceeds the actual amount of damages. It has the multiple functions of compensating victims for damages, punishing them and deterring wrongdoing. Punitive damages are mainly a special civil compensation system corresponding to compensatory damages in the U.S. law, which aims at punishing and deterring serious violations by allowing the perpetrators to pay compensation in excess of the actual damages. However, due to such issues as the constitutionality and the excessive amount of compensation, the Anglo-American legal system has always been quite controversial