Study On Break-Even Rule Of Profit And Loss

Break-Even Rule of Profit and Loss is an important rule in the area of compensation, which can best embody the compensation of damages.With the constant development of China's market economy, many people in the relevant civil affairs activities encountered a growing number of legal disputes, not only about infringement, but also about contract aspects. This will inevitably involve the question of damages. According to this, there are existence situation of that victims, who with damages at the same time also received interests, and both causes the same damage-based. Then, a simple way of damages will not solve the problem. Break-Even Rule of Profit and Loss is to address these problems.This paper will be research the Break-Even Rule of Profit and Loss on a more comprehensive study by combining practical cases and will be attempt to analyze the use of the actual situation about the rule applied in judicial practice and the problems which it faces. Then this paper will propose own views.This paper will first analyse the theoretical part of the Break-Even Rule of Profit and Loss; And then discuss the judicial practice of the rule in the application; Finally, after fully explore the rules of theoretical doctrine and judicial practice, this article will be propose relevant recommendations on the possible future legislation of the rule on this basis.In addition to Introduction and conclusions of this paper, the total is divided into four chapters.Chapterâ… , the theoretical basis for the Break-Even Rule of Profit and Loss. This chapter mainly combines actual cases to comparative analysis of the two kinds of theoretical basis of the Break-Even Rule of Profit and Loss, which namely, the interests doctrine and the doctrine of prohibition of benefit; Then, this paper will put forward own point of view.Chapterâ…¡, discusses the constitutive requirement of the rule. First, it will combine actual cases to analyse this constitutive requirement and to point out the conditions for application of this rule. Secondly, it will further comparative analyse the benefit standard deduction which comes from the constitutive requirement of the rule. Combining actual cases within range of the rule to discuss the relationship and differences of that three benefit standard deductions; After that, this article will indicate own point of view.Chapterâ…¢, the application ranges and excluded cases of Break-Even Rule of Profit and Loss. Basic through relevant case studies in this chapter to a clear division of the rule by the circumstances under which the rules should be applied, and under which th rule should not be applied.Chapterâ…£, the legislative situation at home and abroad of the rule and the relative legislative proposals. This chapter begins by analyzing the current requirements status of the rule in the legislation at home and abroad; And then it will discover the problems and learn from experience from above and put forward own solutions, primarily through the envisaged manner of legislation as an answer.As an important rule of damages, the Break-Even Rule of Profit and Loss is not given due attention in long-term in our theory and practice of community, so the relevant theoretical research and the judicial application also appears to not go far enough and sufficient in depth. In this context, this paper select." Break-Even Rule of Profit and Loss " as a topic of research has some realistic significance.In this paper, it will discuss and analyse of the rule mainly by comparative studies and case studies. The comparative studies of which are mainly reflected in the comparative analysis of the theoretical basis for the two kinds of doctrines and the three benefits standard deductions; and the case studies are always run through the entire paper, not only proof the theoretical issues by cases, but also analyse the judicial practice problems, thus enhancing the real relevance and theoretical persuasion of this study.