Abstract: The determination of punitive damages is complicated but important, which needs to take a variety of factors into consideration. It directly affects the implementation effect of the penalty compensation system. At present, different countries and regions have adopted different determination methods. The determination of the amount of punitive damages in the third revision of our country‘s Copyright Law can learn from the experience of others and proceed from the nature of punitive damages. Do not clearly stipulate the amount of punitive damages, and the judge shall objectively and fairly determine it based on the specific circumstances of the case to prevent the infringer from transferring the punitive damages to consumers in advance as the cost of tort.