The Ascertainment Of Tort Damages Extent

As the fundamental, most important and most commonly used form of tort liabilities, it is essential to establish extent of the damages for infringements if we hope to make good use of this kind of liabilities.Determine damages for infringement of the first to determine damage, there are several saying about damage, the difference saying, the fact saying, the individual harm saying, the organization saying that it has advantages and disadvantages respectively, but the difference saying will be more in line with the basic concept of tort law damages and achieve the highest guiding principles and requirements. This was followed by damage from a different perspective of classification , it is significant to determine the concept of damage. In addition, as damage of the damages for infringement must be remedy, objective and no interests. China's legislation in tort damages in compensation for damages should have some limitations, it needs to be perfect.Principle of all and different saying will expand the scope of the damage to intolerable level. Therefore it is necessary to determine the scope of damages for infringement. Such method mainly has the cause relationship, the gains and losses balance each other rule and contributory negligence and so on. Cause relationship is the most important gauge in hand, and the cause relationship include the predictability of rules, regulations and obligations that a range of purposes, such as that associated risks. For our country, we should base on cause relationship and adopt other means.It pointed out taht as for the ascertaining of the extent of damages of tort liabilities, we may stand for victim or for tortfeasor or for the consideration of social interests, but all of those involves law values evaluation, interest balancing and law policy and legislative skills. They are to establish the reasonable value evaluation point both in theoretical and practical fields.