Research On The Limited Application Of Full Compensation Principle For Tort Damage

Since the Zur Lehre von dem Interesse of Mommsen produced, determining the scope of compensation for tort damage is the principle of full compensation.In general case, the principle of full compensation in solving the problem was indeed fair. However, the society is always changing, as this principle applies to more special cases, the injustice is obvious. Faced with this situation, some countries or regions of the world are taking a number of exceptions to make up of deficiencies. In China, there are also some scholars reflect on the problem from a different angle, and puts forward some suggestions on legislation, but still can not meet the needs of practice. In view of this, in order to achieve the substantive justice, overcome the limitations of the theory of cognitive and better guide people’s behavior, it is necessary to set up an exception to the rule, reduce the amount of compensation, play to the credibility of the law.The introduction part is mainly from the four case, leads to the concept of the principle of full compensation. As special cases and legal gaps, leads to application of limit the principle of full compensation is no basis, so there has a big controversy in such cases. By looking for the common case, the case can be abstracted from the general rule, generally applicable to apply the principle of full compensation unreasonably situation, namely application of limit the principle of full compensation. In this way, more reasonable.The second part introduces the theoretical basis of traditional full compensation. From the Mommsen’s Zur Lehre von dem Interesse to the gradual emergence of the organization theory (including the real damage theory, direct damage theory, tissue damage theory and the objective damage theory) have established the complete compensation principle, the theory’s difference is the specific scope not limit compensation. Therefore, the traditional tort damage Act was based on the principle of full compensation.The third part discusses the necessity of the limited application of full compensation principle. The necessity was limited application of full compensation principle is more suitable for the substantive justice, guiding people’s behavior, therefore it is needed to set the limitation rules, in order to guide the practice better.The fourth part presents recommendations of application of limit the principle of full compensation. From the building-block and the consideration factor for limited application of full compensation principle to analyze. The limitation rules should be applies to the natural persons, fault or no-fault tort and complex considerations. Of course, it needs the principle of equity. By setting these conditions, to ensure fair and equitable when the rule’s application.