"Future Damage" And Its Relief

The traditional civil law theory holds that the compensable damage should be the damage that has occurred,abut the theory is contrary to the concept of fairness and justice in the process of "future damage". From the current system of damage compensation in China, the damage can be divided into the damage on the establishment of liability and the damage on the scope of responsibility. When the the rights protected by the law are violated,even if the victim has not caused the specific loss, the victim will be entitled to the rights request to stop the infringement, remove the obstacles,the elimination of dangerous and other forms of responsibility. Whether the damage to the scope of responsibility can get relief is closely related with the academic understanding of damage to certainty, from the domestic and foreign scholars' points of view, the determinism of damage has been said, "has-occurred theory","the theory of inevitability","the theory of highly probability","the theory of possibility" and so on. In fact,the determination of the determinism of damage is manifested in the practice as the standard of proof in the procedural law. From the current law of our country, more and more scholars tend to adopt the "the theory of highly probability",in other words,with the infringement still going on,and the consequences of all damage have not yet occurred, the victim will get legal relief only when his "future damage" satisfies the conditions of "the theory of highly probability". At the same time, we should also pay more attention on the importance of medical monitoring costs in preventing future damage or enlargement of damage results.