Research On The Rules Of Gains Offsetting The Losses

The Rules of Gains Offsetting the Losses is an important application rule in the Damages Law.At present,whether it is judicial practice or theoretical research,it adopts the theory of complete compensation of functionalist theory or the theory of punitive prevention.The theory of complete compensation claims that once the plaintiff has benefited from the damage,the claim is offset.Punishment prevention emphasizes that when the plaintiff gains his benefits,he will not be offset and thus will have a deterrent effect on the responsible persons.However,functionalism is concerned with the external objective of independence,that is,the plaintiff obtains the compensation or punishes the defendant.Both of them are treated separately,which isolate the relationship between the parties and have no direct contact.This is not the characteristic of the private law.This article starts with the basic theories of profit and loss,analyzes the basic characteristics and classification of "profit and loss",and introduces the existing countervailing rules,such as the theory of profit and loss in the civil law system,the equivalent causation,the law meaning and promotion,and Anglo-American law parallel interests rules.The article holds that these kinds of causation judgment,such as "homology","equivalence","purpose"and other inherent meaning is difficult to define,maneuverability is not strong,practical guidance is not strong.Therefore,this dissertation,with the help of corrective justice as a theoretical analysis tool,argues that the rules of gains offsetting the losses should be concerned,not whether the compensation should be paid in full or not,but whether it meets the basic principles of damages under corrections and justice and whether the victims’ benefits correct the infringer’s misconduct.Only those who have the intention to take action to correct imbalances are possible,coincidental or accidental action is not enough to deal with the purpose of the subject of freedom of behavior.The ultimate goal of the article is the two elements of the rules of gains offsetting the losses,which is also the focus of this article and innovation:First,the predictability of the elements,only in the defaulting party or the infringer within the scope of the expected benefits,corrected its "injustice ".The act can offset the benefit obtained by the compensatory right holder when assuming the responsibility;second,the relevant requirement,that is,the reason that the right holder obtains the benefit is related to the reason that the obligor is liable for,and has the bipolar meaning.It can also be offset.