Research On The Nature And Status Of The Civil Compensation System

The civil compensation system,as a civil legal system for relieving damage,balancing interests and showing fairness,has appeared in China's civil law,with a large number of legislation and wide application in judicature.However,due to the scattered distribution of relevant laws and the confusion of the system,the judicial practice is not clear enough and the application of the civil compensation system is not clear enough.However,this type of system has not attracted the attention of our academic circles.Only a few scholars have been involved in this field.Under the background of the formulation of the civil code,many problems are urgently needed and worth discussing.This paper starts from the civil compensation system exists in the legislative and judicial problems,in-depth study of the civil compensation system of the basic properties,theoretical basis,system positioning,and tries to fully understand the nature and status of civil compensation system,in order to inspire problems for subsequent research,legislation and judicial application etc..The civil compensation system scattered in various fields,there is no law of independence,but has the same civil legal system,the existence of internal logic,common:adjustment of civil compensation system is the civil legal relation in equality between subjects,compensation of non party illegal based on different in damages,its purpose is to compensate for the loss of the victim.Such a "compensation" behavior,its nature should be an obligation rather than civil compensation responsibility,and there is no occurrence of performing civil obligations,nor to correct the illegal acts for the purpose,and therefore does not belong to civil liability,but an obligation in the particular case of civil law the main body of the.Once the civil compensation obligation stipulated by law occurs,a legal relationship between the specific parties will be generated.The obligee has the right of compensation claim,and the obligor has the obligation of compensation,which is a typical legal relationship of debt.While the statutory obligation of compensation is different from contract,tort,the causes of management,unjust enrichment and other typical debt,with unique properties in the elements,the adjustment scope,theoretical foundation,function and so on,can not be contained in other types of debt,is a separate debt.In violation of the obligation of compensation,it will lead to the responsibility of the obligor,which is different from the eleven types of civil liability,which are listed in the general principles of the civil law,and is an independent type.Due to its independent status in nature and function,the civil compensation system should be used as a form of independent debt in our civil law system.With the continuous improvement and perfection of the civil compensation system,the function,significance and value of the civil compensation system will also be bigger and bigger.