The Research Of The National Indemnification Of The Possible Benefit Damage

The deliberation on Amendment to the National Compensation Law is gotten passed, there is got much more progresses. For example it abrogate Principia of Liability of Tort Law and LIABILITY, simplifying the procedure of application compensates, Extended indemnification scope appropriately, compensation was taken into law, some Indirect Loss was get Compensation. But the modify National Compensation is not served the needs of the social development. As the society going on developing, the nation power Extension and the interest type is complicated, the Attainable Interest became obvious. Sometimes the Attainable interest was worse damage than the indirect lost. So the nation should attach importance to the damage of Attainable interest. The damage of Attainable interest should be accepted and approbated. The damage of Attainable interest is a potential damage and Physical lose, so it is need analysis and research on the damage of Attainable interest for exactitude estimates loss and actualize compensation in reason.This article aims beginning with the define of the possible benefits. Define the possible benefits content correctly, according classify the possible benefits, it is good for evaluating the loss fairly. In nowadays, make the damage possible benefits to carry on indemnification, it fit for the society development. It is good for Effectively control illegal behavior occurrence and Carry out legislation aim and function unify, improve the Rule of law progress, at last, Carry out the Fairness and justice. In our country the civil field, has long been of interest on the damages available to the provisions. Tort or breach of contract because of damage occurs, the civil law are to be full compensation, that is, how much compensation the number of losses, but because the party increased its causes damage, and not within the scope of this compensation. Compensation law in most countries abroad, are also provided for the possible benefits of damages or, worse, the State Compensation Law of the possible benefits of damage classified. Undeniably, the State in the exercise of public power will inevitably result when citizens, legal persons and damage the interests of other organizations. There should be compensation for damages, the state should assume the liability.As the possible benefits get clear increasingly, the damage is get more serious gradually. As the democracy rule of law constructs progress get speed, it needs enhance the Attainable interest on the National Compensation system. Base on the nation situation, quote the foreign compensation law, plan establish Attainable interest Compensation, extend National Compensation scope, actualize All Compensation , at the same time, quote the Compensation of Civil case law correlation prescript. On the Principle of the whole Compensation, it should absorb loss and balance the profit as a principle. Improve the National Compensation system and Unified Legal System.