On The Judicial Application Of Compensation For Vehicle Depreciation Loss In China

This article takes the norm of the depreciation of vehicle depreciation in China and the judicial judgment as a clue.By summarizing China's legal norms on the issue(including the meeting minutes,judicial interpretations and replies of local courts at all levels),we conclude that China's compensation for vehicle depreciation losses The historical evolution of the legal norms has gone through three stages:the local regulatory stage of the provinces and municipalities before the promulgation of the "Judicial Interpretation of Traffic Accidents"(2012),the Dispute Stage after the promulgation of the"Judicial Interpretation of Traffic Accidents"(2012)and the "devaluation of vehicles" The answer phase(2016)is clearly negative after the release.Through the collation of relevant judicial judgments,it is concluded that there are two characteristics of "the same case and different judgments" in the trial of vehicle depreciation loss compensation cases,"the overall maintenance of the original judgment,the law is not based on the judgment",and the analysis leads to support or negation.The divergent focus of compensation for vehicle devaluation loss lies in whether the fact that the depreciation loss of the vehicle is objective and actual,the vehicle depreciation loss appraisal report adopts the tightness of the adopted credit scale,the nature of the vehicle depreciation loss,and whether the vehicle depreciation loss compensation can be"reinstated".Whether there is a legal basis for the tort liability commitment and support for the depreciation of vehicles,and then concludes the model of judicial treatment of vehicle depreciation losses in China,and believes that there is a legal basis for the depreciation of vehicle depreciation losses is a key issue for the depreciation of vehicle depreciation losses.The legal basis for finding and demonstrating the loss of vehicle depreciation losses is the breakthrough path to break through the predicament of loss of vehicle depreciation;This paper discusses the argument that there is no legal basis for the loss of vehicle depreciation losses,and studies the text of the "Response to the "Recommendations on Compensation for Vehicle Depreciation in Traffic Accidents" by the Supreme Court,from the perspective of formal and substantive reasons.It is concluded that the above-mentioned replies of the Supreme People's Court lacked authoritative reasons and it is difficult to obtain universal binding force.At the same time,the civil law hermeneutics operation was carried out in Article 15 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Road Traffic Accident Damage Compensation Cases,and it was concluded that the vehicle depreciation loss was legally based.