The Rules Of Gains Offset The Losses In Compensation Law And The Application

In this thesis, the rules of Gains Offset the Losses in Compensation Law is mainly investigated. At the thought, from the nature of the problems of Gains offset the Losses start to show the theory,legislative and judicial situation of the rule in our country, and then for the concept, theoretical origin, the enactment of legislation such as the basic problems of Gains Offset the Losses to commenced the study,and in-depth analyzed the application in the judicial practice of the rule, and ultimately made relevant legislative proposals.In research methods, used the Comparative Method and Practice Analysis Method, contacted the theory and the judicial practice of Gains Offset the Losses together.This article is divided into four parts.The first part,Statement of problem: The nature of the problem of Gains Offset the Losses and the and the situation in our country. Started from the analysis of the two cases, pointed out that Gains Offset the Losses is not just a simple fact or law determine the technical issues, but rather an important legal judgments and legal applicability. On this basis, showed the theoretical research, legislation and judicial practice in the actuality in our country, then analyzed the importance of research of Gains Offset the Losses.The second part,Theoretical Origin: The expand of the basic problem of Gains offset the Losses. Expounded the concept, the basic characteristics and the theoretical basis of the rules of Gains Offset the Losses,researched the history and foreign situation of the Gains Offset the Losses. For the problem of the basis of the theory of Gains Offset the Losses, on the basis of traditional Interest Theory and No Benefit Theory, explained the Objective Theory in the academia. To further explain the content of Gains Offset the Losses, analyzed the differences between Gains Offset the Losses and a few other similar concepts.The third part, Practice discussions: The applicable conditions and applicable methods of Gains Offset the Losses. With a large number of cases and practical issues, analyzed three tatbestands of Gains Offset the Losses in detail. The first, the debt for compensation is established; the second, the rights holders benefited by the same damage; the third, there have the causality between the damage to the facts and benefit. On this basis, expounded how to implement, how to calculation the amount of compensation, and analyzed the question of procedure of the Gains Offset the Losses.The fourth part, Legislative suggestions: The preliminary suggest of set up the institution of Gains Offset the Losses in our country. For the status of that we have no institution of Gains Offset the Losses, analyzed the reasons, and put forward the preliminary suggest of legislation mode, contents of the legislation and legislative steps.