The Study Of Possible Benefits Compensation On Tort Law

Possible benefits, also known as the loss of interest, loss of interest or expected Plaza property damage, with corresponding damage to property damage type. The possible benefits that the loss of existing contracts in the field, but also in the field of infringement. China’s "Contract Law" Article 113 has identified the possible benefits of protection, but about the possible benefits of tort losses, the "Civil Law" or "Tort Liability Act" either were not as clearly defined. Although the judicial practice in a growing number of parties made available interest tort damages claims, but because of our laws regarding the possible benefits little damages provisions, which not only lead to the interests of the infringer can not obtain full compensation, but also when the judge makes the decision in such cases, even made a far cry from the opposite decision. Advertised in the innovation and development of modern commercial society, the importance of the possible benefits of damages is no doubt that this is exactly what the new infringement cases occur most frequently in the field. In business, a large number of new economic interests controversial emerging. In the field of personal injury compensation for damages and lost income, the expected loss of revenue losses and other possible benefits has been controversial. The possible benefits and the economic and social life are intertwined, many unpredictable factors, and long-term lack of uniform rules. Available for damages the interests of a systematic study, tort law will greatly enhance the level of protection of property interests, it has a strong social significance.The first part aims to tort law in the concept of the possible benefits to define and clarify, by examining the possible benefits of domestic and foreign theories explain the core concepts of interest that may have property damage, the possibility of future interests and achieve. The second part describes the possible benefits against the abuses of imputability, causality can get the most important benefit of damages attributable to the subject, while the theory of probability-based theory supplemented by an overall judgment for judging infringement and can criteria whether there was a causal relationship between the loss of benefits. Perpetrators and victims were elaborated on the possible benefits of fault damage. Moreover, the premise of illegality as the possible benefits of tort liability for damages, no doubt. The third part discusses the possible benefits of the type of damages, cut from both personal and property rights and interests against property loss resulting possible benefits against the person and interests arising on the available profit loss listed separately, and detailed classification example elaboration. The fourth part describes the principles and interests of the compensation can be calculated, in principle, possible benefits include compensation for full compensation principle, the principle of judicial discretion, the proportion of the compensation principle. The possible benefits of damages calculation rules include loss offset rules, contributory negligence rule and liability waiver rules. Then from the reference time and the reference to the calculation methods and calculation criteria and calculation for the calculation of the possible benefits will be explained. The last part presents the possible benefits of the legislation damages system of ideas on tort law.