In the principle of the balance of responsibility and punishment,the issue of competing fines and punitive damages is essentially a question of offsetting fines and punitive damages.In this regard,"selective application"and"parallel application"are not appropriate,and it should adopt"can be offset",recognizing that fines and punitive damages can be offset.In the specific operation process,the guiding role of the principle of proportionality should be fully utilized,and the flexibility of legal interpretation should be utilized to flexibly handle the concerns of fines and punitive damages,ensuring the implementation of the principle of balanced punishment.
关键词
罚金/惩罚性赔偿/责罚均衡原则
Key words
fines/punitive damages/principle of equalization of punishment and responsibility
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