Study On Compensation For Loss Of China’s Tort Law

In2010, China’s tort liability law was formally implemented, which is a milepost for the process of the rule of law in China. But with the development of society and economy, enriching society and life, accompanied by a number of new cases of loss can not get remedies timely by tort law, tort law began to expose some defects in the judicial practice gradually. What kind of mode and method is used in the definition of compensation in Chinese tort law, What filter is used to distinguish between compensation loss and no compensation for the loss, and the shortage of this kind of mode and method, are unavoidable problems in dealing with new loss compensation. This paper is divided into four chapters:Through case study, the first chapter presents the problem of currently compensation to some loss in China’s tort law. At the same time, through highlighting some values like people-oriented and loss-oriented in the compensation theory, it reflects the inadequate of China’s tort law in the compensation function for damage, and puts forward the definition of concept of compensation loss and other related concept, at the same time, carries on the preliminary cognition.The second chapter starts from the perspective of comparative analysis, to introduce the continental law system and British&American law system in determining compensation loss, and the relationship between tort law protection scope and rights relief. It introduces the scope of protection of tort law and the general methods in definition of compensation for loss, focusing especially on the analysis of the advantages and disadvantages of each model and the concrete application of each method in processing cases.The third chapter describes that China’s tort law uses the mode of generalization and particularization in determining compensation loss. It also analyzes the advantages and disadvantages of this mode; secondly it is the analysis of the open attitude of our tort law on the protection of civil rights; it discusses the drawbacks of the blurred boundary of the protection of interests. At last, it mentions the present determination method and insufficience in the judicial practice of our country.The fourth chapter is the proposals on the compensation loss in Chinese tort liability law. Through the comparative observation of relative laws and China’s discussion, firstly, it proposes the law mode that should be adopted to better compensate the loss and to safeguard the rights of the victims. Secondly, it perfects the ambiguities in the original provisions from the scope of protection of tort law, and distinguishes the protection of the rights and interests and different paths. Once again, it puts forward the interaction between many factors and method types adopted in the developed countries in determining the compensation for the losses. Finally, it has carried on the discussion in the current new loss compensation to provide some references.