Research On The Right To Claim For The Return Of Personal Infringement Profits In My Country

Article 20 of the tortious liability law of our country stipulates by legislation that if the infringement of the lawful personal rights and interests leads to damage to the property,the tortfeasor shall make compensation according to the benefits obtained by the tortfeasor.From the interpretation and analysis of the text,the Tort Liability Law takes the deprivation of illegal profits as the destination and protects the victim to the maximum extent.However,from the system interpretation and legislative interpretation analysis,it is limited to the situation where the victim's loss is difficult to determine,and the profits obtained by the infringer can be used as the compensation standard and basis.In practice,there are infringers who infringe upon the personal rights and interests of others,and after the infringers make compensation for the losses of the victims,they still profit from them,which violates the legal values that can not be profited by infringement,and they also have the suspicion of condoning infringement.This article is from the concept of personal infringement profit return discrimination,comparative analysis of its differences from other related concepts,and to the existing legislative and judicial issues in-depth analysis of the legislative and judicial integrity of profit return and so on.