On The Application Of The Property Infringement Compensation System In China

Tort compensation of corporeal property is an important component amid property tort compensation and is also common in reality. Scholars used to put more emphasis on the constitution of tort liability, while ignoring the study on ontology of damages. Also,the vagueness of relevant laws causes uncertainty in laws applying.This paper focuses on the value determination of tort property, compensation scope,compensation principles and compensatory approaches accord to Damage Compensation Theory in order to conclude a set of norms of compensation system for tort property.Chapter One draws a picture for compensation system of property tort ,introduces various opinions on the nature of damages, defines the property of tort laws,distinguish liability constitutions against damage compensation and discusses compensation principles of property tort to conclude the application significance of property tort compensation.Chapter Two mainly explained the compensation approaches and scopes of tort property.Defining the compensation scope, consideration shall be given to efficiency and fairness, equilibrium sought between private benefits and public orders and obeying all compensation principles , the scope and significance of application of compensation are expounded , loss by prospect benefit on predictable condition is introduced and an analysis is made focusing on standards of proof of loss lower than the actual by possible problems. Then this chapter makes a comparison between substantial performance and monetary compensation in enforcement methods of tort property compensation , analyzing the moral advantage of substantial performance and high efficiency of monetary compensation , therefore draws a conclusion that monetary compensation is more suitable given social development.Chapter Three centers on compensation standards of tort property and criticizes the property value determined on by exchange value. In addition, this chapter details that fair value , present value replacement cost and other determination methods should be applied under different circumstances and elaborates the time node and site node of property judgment based on value interruption and compensation by hedonic loss. The compensation procedural laws on property torts are listed and generalized so as so clarifies the discretion scope for judges. Finally , considering the lack of systematical value determination standards, suggestions are given on establishment of unified judicial value determination system nationwide.