| The principle of full compensation,as the basic principle of tort damages,applies to the general case of infringement damage is relatively reasonable,but with the development of the times,the endless new cases created the most serious interest imbalance between slight negligence and huge damages.In this conditions,,the traditional principle of complete infringement for tort damages is no longer meet the applicable needs of special cases,the extreme loss of the huge compensation result in social discontent.Therefore,the principle of complete compensation is imminent as the special infringement cases come out,considering the economic capacity of the parties,the legal relationship between the parties and the existence of fault as the relevant restrictions apply factors by has a choice of foreign-related legislation and combined with our judicial practice,,has an important reference and guiding significance.On the basis of the concept of complete compensation principle,this paper discusses the theoretical shortcomings of the principle of complete compensation,and through the analysis of typical cases such as good intentions in the judicial practice and the compensation of ordinary people caused by civilians,The application of the principle of complete compensation will lead to unreasonable and unfair issues,and then put forward the principle of full compensation to restrict the application of the point of view.And from the point of view that the principle of complete compensation easily leads to the application of rigid and unfair consequences,discusses the necessity of applying its restriction.Finally,through the analysis of the theory of complete compensation and the practice of extraterritorial legislation,combined with our judicial practice,we discuss the specific rules applicable to the principle of complete compensation from the aspects of the constitutive elements and the specific considerations of the principle of complete compensation. |
PDF Full Text Request