摘要： 我国《消费者权益保护法》修订了惩罚性赔尝制度，分别规定了违约惩罚性赔偿和侵权惩罚性赔偿。就违约惩罚性赔偿而言，将“退一赔一”修改为“退一赔三”，同时增加规定了小额损害惩罚性赔偿的最低限额；就侵权惩罚性赔偿，明确了故意要件，并将计算差数确定为受害人所受损失，将倍数确定为“二倍”以下。这一规则增加了我国惩罚性赔偿制度的可操作性，对于保护消费者合法权益具有重要意义。

关键词: 消费者权益保护法, 违约惩罚性赔偿, 侵权惩罚性赔偿, 最低额赔偿

Abstract: China's new punitive damages provision for consumer protection makes significant changes of the old “return one and pay one” punitive damages rule, which provides that business operators engaged in fraudu- lent activities in supplying commodities or services shall, on the demand of the consumers, follow the rule o£“return one and pay three”. While the new provision is that the business operators shall, under the same circumstances be liable for return of goods and pay the increased amount of the compensations which shall bethree times the costs that the consumers paid for the commodities purchased or services received; if the total amount is less than ¥500, the minimal claims for compensation would be ¥500; when goods and services maliciously cause death or serious harm of health to consumers, the victims shall claim both for the actual losses as well as for the punitive damages within two times of the actual losses. It is a new development of China's punitive damages regime for the consumer protection and is significantly important for the protection of the legitimate interests of consumers.

Key words: Law of the Protection of the Rights and Interests of Consumers, Punitive Damage of Breach of Contract, Punitive Damage of Tort, Minimal Compensation