The Scope Of Compensation And Calculation Of Tangible Property Damage Against Standard

The compensation for damages of tangible property’s system is an important part of the infringement on the property interests’system, playing a vital role in the protection on people’s property rights. At present, academia hasn’t reach a unanimous conclusion on the compensation for damages of tangible property’s system. While in the law practice, unclear legal provisions leads to difficulty of judicial adjudication. Therefore, the research on this system has upper theoretical and practical value, in which, the three main questions deserving research are the definition of damage in law, the scope of damage compensation and the basis of calculation.The fact of damage is an important link on compensations for damages. Damages can be divided into the damages in fact and the damages in law. Only the damages in law can be admitted and protected by law, and can be brought into the range of compensation at the same time.Based on abroad legislation experience, the designs for the system of the compensation for damages of tangible property are different, according to different standards, which can be fallen into the view of the compensation plaintiff, the compensation obligor and the neutral third person. The view of compensation Plaintiff is more in line with the actual needs of our country. After determining the standards, there still needs some principles. At present, there are a number of categories,in which, direct damages, indirect damages, mental injury, marginal type of damage can be brought into the scope of damage compensation,but there should be some limitations on the conditions of application,Calculation standard directly decides the amount of damages. Though Article19in 《Tort Law》 affords basis on calculation standard. It still needs further explanation because the provisions are not clear. Academia has different understandings on time standard and place standard. It also has not reach an agreement on how to apply the market price standard and other price standard. It is more reasonable to apply the time and the place for damages occurrence as time standard and place standard. Of course, they are not absolute principles. According to particular cases, we can quote ’other ways’ in article to solve the problems. We should use ’market price standard’ as basic standard, and combine’ other price standard’ at the same time, in order to fill the damages completely and reach the goal on it.