Perfection Of Compensation Scope And Computation Rules For Tort Damage Of Property

The property damage compensation system is an important content of the tort damage compensation system,and the property damage compensation is the basis of the property damage compensation,is also one of the most likely types of cases in the judicial,should be paid attention to.However,the law of our country pays little attention to it and cannot provide clear guidance for judicial practice,which may easily lead to the inconsistency of judicial judgment and affect the authority of judicature.Definition of damage compensation range,damage calculation standard and the choice of time,place,but also practice the focus of dispute,the author attempts to our country's rules of tort liability law and judicial practice as the foundation,combined with other reasonable regulations of the state and practical approach,the content of the tort damages related problems were discussed,in order to perfect the content of tort damages system in China to provide suggestions for reference.About the determination of content of tort damage compensation scope,the overall should adhere to the principle of fill losses compensation system,in order to avoid damages of infinite expansion,balance the victims interests protection and the relationship between the behavior of the free,it is necessary by causality rules value,profit and loss balance,damage reduction to be qualified.By referring to foreign legislative experience,the reliefable damages in the scope of tort liability can be legalized and typed,which can be specifically divided into three categories:suffered damages,lost interests and material spiritual damages,so as to solve the different understanding of the same compensation items injudicial practice.As for the calculation rules of tort damages,this problem is particularly important because it is directly related to the amount of compensation the victim can obtain,that is,the effect of the tort damages system.The calculation of damage has the dual nature of law and fact,including the choice of calculation standard,base time and base place.With rough law regulations in our country,not out of the general judicial rules,this paper holds that the calculation of damages shall be selected to the victim's subjective standard and market a combination of objective standards,allowed the court in different cases according to the characteristics of different damage compensation project choose market value standards or other standards,at the same time pay attention to the coordination between different standards apply.The basis of damage calculation should take into account the price change of the damaged object in the case and the disposal possibility of the party concerned,instead of selecting the time when the loss occurs as the base.In general,the base place for damage calculation shall be the place where the damage results.In particular,the place where the most recent transaction or the place of business of the victim may be considered as the base place.