惩罚性赔偿(punitive damages)也称惩戒性赔偿或报复性赔偿,是指在侵权案件中,侵权行为人如恶意实施某行为,或对该行为有重大过失时,以对行为人实施惩罚和追求一般抑制效果为目的,法院作出的赔偿数额超出了实际损害数额的赔偿。判定的损害赔偿金不仅是对原告人的补偿,而且也是对被告的惩罚。正因为惩罚性赔偿是一种集补偿、惩罚、遏制功能于一身的制度,而我国遵循的是补偿性原则,导致很多受害者得不到应有的补偿。所以,近年来,越来越多的学者撰文论证在我国侵权行为法中设立惩罚性赔偿制度的必要性和可行性,而这也确实产生了效用。 Punitive damages, also known as punitive damages or retaliatory damages, refers to punishing and pursuing the perpetrator in the case of infringement if the torturant maliciously conducts a act, or when there is a gross negligence on the act For the general purpose of suppressing effects, the amount of compensation made by the court exceeds the amount of actual damages. The damages awarded are not only the compensation of the plaintiff, but also the punishment of the defendant. Precisely because punitive damages are a system of compensation, punishment and containment functions, our country follows the principle of compensation, resulting in many victims being denied the due compensation. Therefore, in recent years, more and more scholars have argued the necessity and feasibility of establishing a punitive damages system in China’s tort law, and this indeed has its effect.