懲罰性賠償制度

The System of Punitive Damages

懲罰性賠償係指在賠償受害人實際損失之外，額外增加之賠償，具有懲罰之性質，其源於英美法系國家，指原告因被告惡意或魯莽之不法行為，給予原告超過實際所受之損害之賠償，且有處罰與嚇阻之目的，介於民法損害賠償與刑法之罰金之間，我國規定於消費者保護法第 51 條及特別法中，為一種特殊之賠償制度，值得介紹給業界、法學界及律師界參考。

The punitive damages refer to additional compensation for the actual loss of the victim, with the nature of punishment. Originated from the common law countries, by granting the Plaintiff compensation more than the actual loss, the principle of punitive damages were applied to punish the defendant’s deliberately or impulsively wrongfully doings, and to deter defendant’s persistent offending.
The punitive damages are regulated in Article 51of the Consumer Protection Act and could be seen in some other particular laws. The punitive damages is a recommendable special compensation system for the references of the industry, the legal professionals and the lawyers as it is neither civil damages or criminal penalties.