Study On The Rules Of Offsetting Benefits

Damage event caused the victim's damage,as well as the victim has brought certain benefits,the benefit should be deducted from the damages in order to achieve a fair effect.This is the basic connotation of the rule of offsetting benefits.The emergence of the rule of offsetting benefits stems from two principles of the damages law,namely the principle of full compensation and the principle of prohibition of profit.Therefore,the rule of offsetting benefits is on the one hand required to fill the damage suffered by the victim,on the other hand,the victim is not allowed to obtain higher than damage compensation.It is said that the profit and loss offset originated from Roman law,the real development of this rule is in the Germanic common law.In China,the application of profit and loss offset can be traced back to the long Tang Dynasty.With the development of economy,science and technology and law,people's awareness of rights protection has increased,as the same time there have been more and more damage compensation cases in our social life.As an important rule to determine the scope of liability for damages,many country has determined this rule in different ways.The importance of this rule is to clarify its connotation and make it universally applicable in judicial practice.There are not many in-depth studies on the application of profit and loss offset in China,moreover,there are many problems that need to be solved in China's judicialpractice,such as the uncertainty of the components of the rule of offsetting benefits.and the uncertainty of the scope of application of the rule of offsetting benefits.Based on this,this paper discusses the rules of offsetting benefits,and the full text is divided into two parts: introduction and body.In the introductory part,it mainly describes why it is necessary to study the application of the rules of offsetting benefits,what are the problems,and the value and significance of its research.The paper consists of three chapters,discussing the development and current situation of the application of the rules of offsetting benefits.The first chapter introduces the theoretical basis of the rule of offsetting benefits.In terms of legislation,China's civil law provisions do not stipulate the rules of offsetting benefits.In current,this rule is mainly stipulated in two judicial interpretations and one guiding opinion of the Supreme People's Court,and the specific content of the rule is not explained in detail,which easily leads to the misunderstanding of the rule of offsetting benefits in judicial practice;In the judicial aspect,although the profit and loss are widely applicable to trial practice,there still have many disputes in the application of this rule due to the lack of thorough research.For example,what kind of standard should be used as the applicable standard of the offsetting rules? And how to determine the scope of the application of the offsetting rules,etc.And then,there are three theoretical basis for the offsetting rule,which are Differenztheorie and the theory of no profit and skopos theory.Skopos theory is a new theory.Because it pays attention to the purpose of prevention,it can explain the applicable problems that cannot be explained by the other two theories,which is a more reasonable theoretical basis.The second chapter discusses the constituent elements of the rules of offsetting benefits.The constituent elements of this rule include the establishment of damages,the victim's benefits obtained from the damage case,the causal relationship between damage and interest,compliance with legal evaluation.The determination of causality is essentially a judgment of the applicable standard against which benefits anddamage should be offsetting.Only when these four conditions are met can the rule be applied.The third chapter discusses some applicable disputes on the rules of offsetting benefits.According to the source types of interests,not all cases involving considerable causality are applicable.After that,it is still necessary to further consider whether the applicable of offsetting can meet the regulatory objectives.Therefore,it is not easy to judge whether the rule is applicable in practice.If the application of the offsetting is distinguished,it is helpful to reduce the difficulty of judgment to make a typed analysis of the source of interests.