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随着经济的发展,我国的惩罚性赔偿突破了仅在消法上有所规定的限制,扩大到侵权法领域。这些惩罚性赔偿的法律规定在适用时不免出现责任竞合的问题。责任竞合遵循意思自治的原则,充分尊重受害者的自由选择权。合同法是适用责任竞合的明文规定,但该法条存在弊端,不能真正实现对受害者损害的完全实际补偿,有必要进一步完善。三鹿奶粉案渐渐淡出了人们的眼球,但其酿成的悲剧将会是大头娃娃及其亲友们心中永远的痛。这些受害者背
With the development of economy, the punitive damages in our country have broken through the restrictions that are only prescribed in consumer laws and expanded to the area of tort law. The legal provisions of these punitive damages, when applicable, inevitably lead to the issue of competing responsibilities. The competing responsibilities follow the principle of autonomy of will and fully respect the victims’ freedom of choice. The contract law is an expressly stipulated application of competing responsibility. However, the law has drawbacks and can not really realize the complete actual compensation for the victim’s damage. Therefore, it is necessary to further improve it. Sanlu milk powder gradually fade out of people’s eyes, but the resulting tragedy will be the big head dolls and their loved ones in the hearts of pain forever. These victims back