The Research On Compensation System Of Available Profit Loss In Tort Liability Law

Compensation for damages in the civil law is very common, it's also one of the most important systems in the field of civil law. Available profit is one of the important contents in the law of contract law, it can be property interests and also can be non-property interests. Available profit loss has an in-depth studies in the contract relief damage compensation, there are some cases in the judicial practice. But as the legal theory developed more-refined and the types of tort disputes become more and more complicated in the market, we found that it appears more and more available profit loss in the trespass to property,for the compensation of available profit loss,it should become the main content in the studies of tort damages. So this article is based on the current social situation and academic research situation, we put focus on the tort liability law, demonstrate the calculation method, standard of proof.According to the different views of research,the article contains five parts: Part one the background, significance,purpose of this topics and the research situation at home and abroad; Part two, introduce the basic theory of the available profit in the the contract, to interpret the theory of the available profit in the the tort liability law; Part three, with the method of comparative analysis,indicate the differences of the available profit loss at home and abroad;Part four, expound the compensation terms, calculation, limitation of the available profit loss; Part five, combining with the experience at home and abroad, propose the calculation method,standard of proof, standard of calculation and limitation of the available profit loss.