Research Of Damage Compensation Devaluation Losses

Increasingly sophisticated and evolving social and economic justice system to promote enhanced awareness of the rights of citizens, the loss of this strange title devaluation gradually broke into the judiciary and legal theorists view. However, if you want to compensate for the loss of the devaluation of the problem but there is no clear laws and regulations to be regulated, so there is a phenomenon of the same or similar facts in different regions produce different results for the processing of claims for damages devaluation in judicial practice. This co different contracting serious damage to the dignity of the legal and judicial authority, which resulted in no legal difficulty reality judge handling the case, but this is no, according to the state may follow damage to the parties interests, resulting in social instability. Since the devaluation loss damages no clear legal regulation to be so in practice whether the devaluation loss should be the scope and amount of compensation and the compensation is difficult to find a uniform standard to be correct. In many cases the victim claims made by the devaluation of damages is not supported, which is totally not conducive to protecting the interests of the victim; also because in practice there is no standard to follow, in the amount of time required devaluation damages are often victims of wild speculations exist circumstances, in which case the amount of compensation once the judgment exceeds the amount of actual damages against it seriously damaged the interests of people, so people were against the obligations assumed too much, resulting in uneven rights obligations. Based on the devaluation loss damages reasonable analysis devaluation losses should be compensated draw conclusions, and through the body for damages, damages to discuss the scope and amount of the loss shall be restricted to the devaluation, and expect to have the relevant laws, regulations or introduction of judicial interpretation. Thus on the one hand to ensure that the devaluation of the victim made a reasonable basis for damages can be supported by the courts, so as to maximize the maintenance of the legitimate rights of the victims; hand for compensation body, the scope of compensation, limiting the amount of compensation but also makes the victim people can not make exorbitant demands, such as devaluation against the person for the amount of the loss has to be predictability in terms of compensation, which can avoid taking too many obligations to achieve a balance of rights and obligations; ultimately it is better to solve the violation and the victim conflict of rights and obligations. In this paper, the author leads to devaluation losses in typical cases, should the issue of compensation for the loss of post-devaluation outlines drawn by rational analysis devaluation losses should be compensated conclusions, and that the main responsibility for compensation is not limited to the infringer, tort people outside of a third party (such as an insurance company) in certain circumstances and should bear the obligation of the devaluation loss damages, and in order to better solve the problem of devaluation loss damage compensation, the proposed increase in the depreciation of the insurance company for damages as an additional insurance or special terms; through mode from abroad,such as the causal factors into consideration the scope of damages to finalize the devaluation loss is calculated in accordance with the relevant principles of the amount of compensation for damages. Devaluation losses for damages to some extent, to enrich the discussion of the relevant legal theory devaluation losses, devaluation losses to the compensation provided to support the argument, prompting the legislature concern such problems and improve relevant legislation.