Study On The Compensation Of Tort Damage In The Available Profit Loss

Available profit can be also called lost profits, lost interest or expected propertydamage, property damage and is corresponding to the type of damage. Available profit lossexisted not only in the field of contract, also exists in the field of tort. China’s "contractlaw" article113rd has been clear on protecting the profits, but on the field of tort Availableprofit loss, China’s "people’s Republic of general principles of civil law" and "tort liabilitylaw" did not make clear statement.More and more parties damages in tort cases presented attainable interestcompensation claims, but because our country law in tort damages for the protection of theinterests of the field very little can be said, in the practice of such damage judges ruling isalso different. I work as a basic level court judge, encountered so confused sometime. Forjustice and the unity of legal system and the need to better maintenance, Available profitloss problem specification tort damages in. In this paper, through the legal concept, explorethe available interests loss type, the analysis of China s corresponding legislation presentsituation and the reason, development of legal system of foreign research, feasibilityanalysis of attainable interest compensation, to explore the conditions of compensation andcalculation method, the calculation of attainable interest compensation standard, to perfecttort damage compensation in our country in the Available profit loss and puts forwardsome suggestions.