Study On Restrictive Civil Compensation System

The theoretical community generally believes that complete civil compensation has already existed as the basic principle of civil liability.The basic connotation is based on the principle of filling in,and the infringer compensates for all the losses caused by the infringer,including the actual Losses and loss of available benefits are designed to restore the victim's property to a satisfactory state of non-infringement.In addition,the law clearly stipulates punitive damages,which are several times the amount of punitive damages,ie,super-loss compensation,in addition to the basic loss of the victim,in order to achieve the purpose of shocking and deterring the perpetrator's perpetrators.The aspect plays a vital role.In addition,restrictive civil compensation is stipulated in the transportation law of shipping,aviation,postal,express delivery,nuclear damage and the state compensation field.In accordance with the law,the responsible person only bears civil liability within a certain limit.The establishment of this compensation model has played a positive role in maintaining the development of the industry.However,with the continuous development of the economy and society,the risk sources are gradually increasing,and bio-chemical,aerospace research and other emerging industries related to national development are rising.Those responsible in these high-risk areas often have to pay more attention than other industries.Damages in these areas will have huge damage consequences.If traditional full civil compensation is applied,it will directly lead to the fatal impact of these basic or pillar industries,and cause the society to make up for and compensate the responsible person.The cost of liability will be much higher than the damage caused;in addition,in some general infringements,if the rigid application of full civil compensation will result in a serious imbalance of rights and obligations between the parties,resulting in substance Sexual injustice.Based on this,restrictive civil compensation should be introduced to improve the traditional civil compensation system while maintaining the development of the industry and achieving substantive fairness and justice.Through theoretical research on restrictive civil compensation,combined with the current situation of current legislation and judicial practice,the author tries to construct a restrictive civil compensation system for tortuous law in the field of tort law: in the high-risk field,to protect the industry The good development should limitthe liability of the infringer(usually the industry operator)who caused the huge damage result;in the general civil tort,if the application of the filling responsibility will cause substantial injustice to the infringer,it should also apply.Restricted civil compensation limits the liability of the infringer.In the case of intentional or gross negligence of the infringer,the application of restrictive civil compensation is excluded.The limit of liability for restrictive civil compensation should be determined by the characteristics of the industry,the size of the damage and the general social concept.