惩罚性损害赔偿金纳入国家赔偿制度之考虑

随着经济和社会的发展,国家赔偿法狭窄的赔偿范围和过低的赔偿标准已经越来越不适应实践的要求。提高国家赔偿的范围和标准已经成为当务之急。惩罚性损害赔偿制度作为英美国家广泛存在的一种损害赔偿制度,一直以其高额的赔偿金为人们所注意。将惩罚性赔偿金制度引入国家赔偿法以缓解国家赔偿法与现实之间的矛盾已经引起了学者的关注。

The Consideration of Introducing Punitive Damage into State Compensation Law

With the development of economic and social, the narrow compensation scope and low compensation standards of the State Compensation Law are increasingly unable to meet the demands of practice. Improving the standards and the scope of compensation has become an urgent task As a broad damage compensation system in British and American ,Punitive damages draws people's attention by its high level of compensation all the time. In order to ease the contradiction between state compensation law and the reality, the introduction of the Punitive damages into the state compensation law has arouses the concern of scholars.