沈阳工业大学学报（社会科学版）2017，Vol.10Issue(1)：82-86,5.DOI:10.7688/j.issn.1674-0823.2017.01.13
侵权责任法惩罚功能之证伪
Falsification of punishment function of tort liability law
摘要
Abstract
In the academic circles, it is considered that punishment is one of the functions of tort liability law, which is based on fault liability, punitive damages, and the word "sanctions" appeared in Tort Liability Law.However, the introduction of punitive damages institution in China is focused on compensation rather than punishment, and the fault liability is only the basis of loss distribution that cannot bear punitive function.The civil sanction institution which can truly embody punishment function is not stipulated in Tort Liability Law.To affirm punishment function of tort liability law not only confuses the liability border between public law and private law, but also violates the principle of non-domination between equal subjects.Hence, the tort liability law should not have punishment function.关键词
侵权责任法/过错责任/赔偿责任/惩罚性赔偿/民事制裁Key words
tort liability law/fault liability/compensation liability/punitive damages/civil sanction分类
社会科学引用本文复制引用
陈伟..侵权责任法惩罚功能之证伪[J].沈阳工业大学学报（社会科学版）,2017,10(1):82-86,5.
