The Research On The Damage In Tort Law

The damage is one of the constituent elements of the tort liability; its status has changedthrough the negation of negation in the tort law. In the period of Roman law, to observe theprinciple of results liability, the liability is determined by the damage.In modern times, theprinciple of autonomy of private law has been promoted on the impact of the rationalism, theprinciple of negligent liability has become one of the three major principles of modern civillaw, fault is the core elements in the tort liability, damage became the secondary element withcorrespondence. But with the advent of risk society, the goals of fairness and justice, whichthe tort law persists can not be achieved by the principle of negligent liability. Non-negligentliability emerged as another important principle of tort law. Non-negligent liability is morefocused on the rational allocation of risk and a reasonable contribution towards the damage,which pay more attention to compensate for damages of victim in perspective of victim. Thedamage determines the establishment of tort liability, which position in the tort liability hasraised again. Overall, we can say damage is the core elements of the tort liability.This thesis is on the study of damages in tort law, which contains four parts:The first part provides an overview of the damage. From the Roman law to now, theposition of damage in tort law has gone through historical changes, become the core elementof modern tort law. Through a comparative analyze all kinds of theories on the nature ofdamage, the author in favor of the theory of norms damage, and then proposes the concept ofdamage. The damage takes different roles in determining the tort liability in the differentranges. And the damage can be further divided into the damage in the establishment ofliability and the damage in the scope of liability.The second part is the study of damage in the establishment of liability. I called thedamage in the establishment of liability, which is a qualitative analysis of the damage. Thenature of the damage is the interests which are protected by law are injured. But how toidentify the damage, in this section the author analyses this question in two aspects, inqualitative aspect, the damage is the rights or interests which are protected by law are injured,so it is necessary to discuss which factors will affect the identification of damage; in thequantitative side the damage must be at a certain level of seriousness.The third part is the analysis of the damage in the scope of compensation, the authorcalled for the damage in the scope of liability, and its essence is analysis the damage quantitatively, in order to determine the scope of the compensation. In the author’s opinion,the other constituent elements of the tort liability, such as fault, causality will have an impacton scope of the compensation of damages. After analyze the factors that affect the damagerange, the author analyses the provisions of damage compensation in Chinese Law of TortLiability, combined with of the concept of damage to discuss the compensation in suchdamages for property infringements, personal injuries, non-pecuniary damages loss.The fourth part is the conclusion of this paper, it’s a brief summary of this article.