Studies On The Compensation Of Loss Of Chance

In domain of damage law, there are few researches on the characteristics of the interests of chance or on the compensation of loss of chance. However, in our daily life there are a large number of cases caused by losing chance. These cases involve two core elements of damages, which are damage and causation. Traditional tort law theories became stretched when confronting loss-of-chance cases, helpless to protect the interests of victims.In order to solve the problems of loss-of-chance, we have to break through the traditional theory to find a reasonable balance:on one hand to ensure the realization of the value of legal fairness and justice, on the other hand to protect the stability of the law.This essay is divided into five parts:first of all it analyses the two basic problems of loss-of-chance theory, which are the causation relationship and types of loss-of-chance. Because the compensation of loss-of-chance is to a large extent a problem of causation, it is necessary to bring about this question first, and analyzing the types of loss-of-chance allow us to deepen our understanding of this theory. The second part focuses on the theory and practice of loss-of-chance abroad and Chinese Taiwan region, and then analyses the reasons behind. The third part of the article describes the claim base of loss-of-chance, which is the premise of compensation and calculation. The fourth part is a research on the compensation of loss-of-chance, this part first re-examines the concept of compensation and then sorts out the approximate method of calculating the compensation. Theory is mean to guide practice better; therefore, the last part of this article introduces the feasibility of adopting loss-of-chance theory for China, and puts forward a few constraints. These constraints include the following aspects:limit the terms of "opportunity"; limit the range of adapting; make clear the verification method of loss-of-a-chance, and verify the items of compensations; and at last, make clear the adapting rules of causal relationship.