摘要
惩罚性赔偿以实质正义、社会效益为法理基础,具有经济法属性。我国《食品安全法》中有关惩罚性赔偿数额的规定有待完善,建议规定以补偿性赔偿数额为基数,确立适当比例区间的计算方法,并考虑其他相关参酌因素,最后确定惩罚性赔偿数额。
Punitive compensation has been widely adopted in the countries of common jurisprudence. The legal basis and economic law characteristics of punitive compensation in product liability cases and conducts relevant legal and economic analysis were studied. The ＂melamine event＂ speeds up the promulgation of Food Safety Law. On the basis of presenting the defects of compensation amount in Food Safety Law, suggestions of improvement are put forward.
出处
《宜宾学院学报》
2009年第9期63-65,共3页
Journal of Yibin University
关键词
产品责任
惩罚性赔偿
经济法属性
数额
product liability
punitive compensation
characteristics of economic law
amount
