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Research Compensation System Of Loss Of Prospect Interest On The Tort

Posted on:2015-09-05Degree:MasterType:Thesis
Country:ChinaCandidate:S S WangFull Text:PDF
GTID:2296330431983598Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
With the changes of the times and the rapid development of society, the tort disputesarising due to the impact of external factors and is becoming more and more complex, sovarious types of tort emerge in an endless stream. Vested interest compensation has beenunable to compensate all the loss of the victim who can get benefit, in the same timecompensation of the prospect interest for damages has become an indispensable part. But tortlaw did not make prospect interest to the interests of specific and detailed requirements, onlyreflects its nature and characteristics in the few law bar.This paper argues that improving the compensation system of tort law, fromcompensation for loss of the prospect interest starting. The prospect interest of compensation,not only to protect the legitimate interests of the victims, but also to curb the occurrence ofviolations which play a role in guiding and educating people. So that we can achieve thegoal of legislative purpose, to achieve unity of fairness and justice, but also to maintaining agood state of harmony.The first part of this article is intended to define the prospect interest from the startingcharacteristics, indicating the prospect interest inherently abstract, futuristic, dependent, andfurther understand the meaning and nature of the prospect interest. The prospect interest ofinformation on national interests and the prospect interest development model theory originsof the significance of the possible benefits to build a system reference. The second part is theprospect interest detailed classification. The prospect interest classified in tort chaos andtheoretical classification not yet definitive. Summarizes the prospect interest in terms ofpersonal and property aspects of performance-related provisions, the extent of the damage andthen refine the scope of different prospect interest for damages, do a whole generalization. Italso describes the basic principles of the prospect interest limit applies should follow to avoidacts bear too much responsibility, rights and obligations of the parties have reachedequilibrium between the two sides. The third part is the prospect interest system perfect. Theprospect interest related content is messy and complexity. With combined with the currentChinese basic national conditions, we can absorb the foreign legislative experience andjudicial precedents, in the mean time we can integrate and conceive successful legislativeexperience and propose the idea of some system-related.
Keywords/Search Tags:Tort Law, Prospect Interest, Damages
PDF Full Text Request
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