Research On Compensation For The Loss Of Acquirable Interests In Infringement Lawsuits Of Property Rights

For a long time,compared with the damage suffered,the traditional theory of tort law has little research on acquirable interests loss in property infringement.With the emergence of new property rights,and the promotion of damage status in the modern tort law,disputes concerning the compensation for the loss of acquirable interests in property infringement are increasing.However,for the court,there are still much difference in understanding of the scope of compensation for damages and the calculation of losses,which leads to the confusion in judicial practice.Therefore,it is imperative to make a systematic study on compensation for the loss of available profits in property infringement to make up for the defect of theory and provide the basis for practical operation.Addition to the introduction and the concluding remark,this dissertation is divided into five parts:The first part is the theoretical definition of acquirable interests loss in property infringement.This part begins with the different understanding of acquirable interests between the academic and practical fields,combined with its future,property and other characteristics,puts forward a clear definition of acquirable interests loss.And also analyzes the relationship between acquirable interests loss and opportunity loss,expectation interests loss and pure economic loss.On this basis,clarifies the concept of acquirable interests loss in property infringement,and introduces the concrete contents from the perspective of the infringement object and the form of expression.The second part is the analysis of the compensability of acquirable interests loss in property infringement.This section focuses on the issue of whether the loss of acquirable interests in property infringement falls within the scope of compensation for general infringement damage.From the perspective of comparative law,both the case law in Anglo-American law system and the statute law in continental law system have accepted the relief of the loss.On the academic point of view,it not only conforms to the essential characteristics of factual damage but also has legal relevance,and complies with the general characteristics of compensable damage in tort law,shall be relieved.Thus,it is reasonable to include it in the general scope of tort damages.The third part is our country law examination of compensation for acquirable interests loss in property infringement.This part mainly discusses the feasibility of the compensation for the loss of acquirable interests in property infringement from the perspective of our national law.On the one hand,although the Tort Law is not explicitly mentioned,it can be seen from the analysis of the relevant regulations,and provisions of judicial interpretation that the law does not exclude the protection of such losses.On the other hand,although there are many differences in the judicial practice,the court also tends to affirm its indemnity,and made a useful attempt.Therefore,it is feasible to construct the corresponding compensation system in our country.The fourth part is the general construction of the compensation for the loss of acquirable interests in the property infringement.This section focuses on how to compensate for damage,that is,the principles and conditions for damages,and how to quantify the amount of damages.First of all,the loss of acquirable interests in the property infringement is a compensatory damage recognized by the law,which should be fully compensated.Secondly,the compensation for damages should satisfy two requirements of certainty and causality.The proof of certainty should be different from the damage suffered,adopt the standard of "reasonable certainty",and adhere to the standard of distinguishing the fact and the amount.Identification of causal relationship should follow the method of bisection,in the judgment of the causal relationship of fact,should use the substantive elements theory,in the judgment of legal causation,still apply the equivalent causality theory as the principle,only in the presence of special circumstances,predictability standard can be added.Finally,the quantification of the loss should be given priority to the subjective standard,the objective standard as a supplement.The time at the end of the oral argument shall be general time standard,the place where the damage occurs shall be the base of calculation,in calculating the amount of loss,the difference method,analogy method,formula method and other methods should be adopted.It is worth noting that the final determination of the amount of compensation should also be adjusted by the rule of balancing out increase and decrease and the rule of contributory negligence.The fifth part is the analysis of the compensation for the typical acquirable interests loss in property infringement.This part is a concrete application of the above general rules.Selects three typical acquirable interests losses,namely loss of natural fruits,loss of rental and operating income,and appreciation loss,as the analysis objects.Combined with the characteristics of various types of losses,focusing on the factors that should be considered when judging certainty and the specific application of the loss calculation method,the distinctiveness of loss quantification.