The Negative Theory of the Compensatory Function of Punitive Damages
The philosophical foundation,core value and system orientation of punitive damages are incompatible with the core idea of compensatory damages.If we overemphasize its compensatory function,the boundary between the two will be blurred,which will lead to the homogeneity,abuse and even the virtualization of punitive damages in practice and weaken its unique effect as a means of legal sanction.As an example of the integration of public and private law,punitive damages is not only a breakthrough in the traditional mechanism for upholding individual justice,but also a unique landscape in the legal system.In order to bring into play the value and uniqueness of punitive damages system,we must insist on the function orientation of punishment as the core,and abandon the compensation function that may lead it into the traditional pattern of damage compensation.Only in this way can punitive damages really play its due role in deterring lawlessness and maintaining social order of integrity.
万方数据
