The Composition Of Expert Responsibility And The Scope Of Compensation

The constitution and compensation scope are the core issues of professional liability theory. This article did the primary research of these interrelated issues.The constitution and compensation scope of professional liability are the difficult parts of professional liability and it’s complicated. The constitution of professional liability helps to make sure if the experts need to take responsibilities to their behaviors and what kind of responsibilities should they take. The compensation scope have the direct bearing on the vital interests to experts party and the other side. It’s also an essential part of professional liability. In addition, several issues are revealed such as The contract liability and tort liability of responsibility nature debate; The responsibility content has the obligation of fidelity to the duty of care and research analysis; On the damage compensation scope involves the compensation of pure economic loss and opportunity loss of interests. Therefore, this article has conducted the thorough research to the issues that are mentioned above in order to enrich the theory and institutional system of professional liability in our country.This article is divided into three parts. First part mainly talked about the basic theories about professional liability, including basic concept, characteristics, the way to defined the nature of the professional liability, and the study of expert’s obligations. The second part focused on the liability subject and constitution of professional liability, including the liability subject, the executive institution and individual expert.five requirements, namely the liability subject, experts misconduct, injure fact,causal relationship and expert’s fault,which are of constitutive requirements of professional liability have been discussed in details. The third part tried to do a breakthrough research of the compensation scope of domestic traditional civil liabilities, with the help of a combination of the theory of pure economic loss and opportunity loss compensation theory. It will help the victim in experts infringement cases gain a more just and reasonable compensation.