懲罰性賠償（punitive damages）,也稱示范性的賠償（exemplary damages）或報復(fù)性的賠償（vindictive damages）, 是指由法庭所作出的賠償數(shù)額超出實際的損害數(shù)額的賠償。一般認為，懲罰性賠償制度主要應(yīng)當適用于侵權(quán)案件，但在美國法中，這一制度被廣泛地應(yīng)用于合同糾紛，在許多州甚至主要適用于合同糾紛。懲罰性賠償?shù)墓δ懿粌H在于彌補受害人的損害，還在于懲罰和制裁嚴重過錯行為；賠償?shù)臄?shù)額主要不以實際的損害為標準，且不以實際損害為限。但是懲罰性賠償?shù)奶攸c并不能割斷其與補償性賠償?shù)穆?lián)系。懲罰性賠償一般以補償性賠償?shù)拇嬖跒橐罁?jù)，只有符合補償性賠償?shù)臉?gòu)成要件才能請求懲罰性賠償。
以下是exemplary damages的英文解釋，選自The Real Life Dictionary of the Law
exemplary damages
n. often called punitive damages, these are damages requested and/or awarded in a lawsuit when the defendant's willful acts were malicious, violent, oppressive, fraudulent, wanton or grossly reckless. Examples of acts warranting exemplary damages: publishing that someone had committed murders when the publisher knew it was not true but hated the person; an ex-husband trashes his former wife's auto and threatens further property damage; a stockbroker buys and sells a widow's stocks to generate commissions resulting in her losing all her capital （money）. These damages are awarded both as a punishment and to set a public example. They reward the plaintiff for the horrible nature of what she/he went through or suffered. Although often requested, exemplary damages are seldom awarded. There have been major awards in egregious （remarkable or outstanding） cases, such as fraud schemes, sexual harassment or other intentional and vicious actions even when the provable actual damages were not extensive.
以下是exemplary damages的英文解釋，選自The Real Life Dictionary of the Law
exemplary damages
n. often called punitive damages, these are damages requested and/or awarded in a lawsuit when the defendant's willful acts were malicious, violent, oppressive, fraudulent, wanton or grossly reckless. Examples of acts warranting exemplary damages: publishing that someone had committed murders when the publisher knew it was not true but hated the person; an ex-husband trashes his former wife's auto and threatens further property damage; a stockbroker buys and sells a widow's stocks to generate commissions resulting in her losing all her capital （money）. These damages are awarded both as a punishment and to set a public example. They reward the plaintiff for the horrible nature of what she/he went through or suffered. Although often requested, exemplary damages are seldom awarded. There have been major awards in egregious （remarkable or outstanding） cases, such as fraud schemes, sexual harassment or other intentional and vicious actions even when the provable actual damages were not extensive.