The Research Of Project From Compensation Of Damage About Vehicle Devaluation

Along with the continuous advance of China’s process of constructing the legal system, the legal concept of people gradually increased, the awareness of human rights of the ownership of the property will greatly enhance, a lot of courts in some areas have appeared the cases about requesting the vehicle depreciation loss compensation. However, the verdicts of this kind of cases are very different because that the law of our country has not specified in order to solve the problems. Some court support, some courts on the contrary, some courts have no clear explanation, and the others act according to the circumstances. The focus of controversy includes how to determinate the nature of the vehicle depreciation loss, whether or not compensate the vehicle depreciation loss, and whether or not have legal basis to request the compensation. The author takes the real case appeared in Nanjing as an example and analyses the problem about the vehicle depreciation loss.The first, this article defines the vehicle depreciation loss from the perspective of Jurisprudence, and according to the opinions of scholars, the author classifies the vehicle depreciation loss depending on the reason of loss, including the technology of depreciation and the exchange of depreciation. Otherwise, the author compares the definition and characteristics of the vehicle depreciation loss to the pure economic loss and available interest loss, in order to have a more clear understanding about the vehicle depreciation loss.The second, the author analyses the principle of identification and management about the vehicle depreciation loss in the theoretical field and the practical field. The main method of the analysis in domestic is through cases judged by courts in province of Zhejiang and the intermediate court in Nanjing, I summarize the verdict reasons and the focus of controversy judged by courts. The main method of the analysis on abroad is comparison, I introduce the related regulations about the vehicle depreciation loss compensation in Germany、Austria、France and Italy.The third, the author discusses the characteristics of different damages through analyzing the definition and classification of the damage. I emphasize the difference between the direct loss and the indirect loss, the actual benefit loss and the available interest loss. In my opinion, the vehicle depreciation loss belongs to the direct loss and the actual benefit loss.The fourth, the author thinks that the vehicle depreciation loss should be compensated,and proves the opinion from the perspectives of legitimacy and rationality. The analysis of legitimacy includes the principle of full compensation, the determination of compensation for loss, and the legal nature of the vehicle depreciation loss. The analysis of rationality mainly to find the basis of the vehicle depreciation loss from the real point of views, including quantified conditions and positive social effects.The last, the author discusses the legal dilemma and the realistic obstacles of moving forward to the regulation of vehicle depreciation loss compensation. For example, the blank of the existing laws, the lack of the kind of insurance, the difficult evaluation methods, and the low degree of social recognition. According to all of these, I provide my preliminary conception about the regulation of the vehicle depreciation loss compensation.With the help of this article, I hope that we can clearly define the legal nature of the vehicle depreciation loss, set the point that the vehicle depreciation loss should be compensated, and provide feasible ideas to solve the problem in the practical area.