Two-dimensional System Of Compensation For House Depreciation Damages

"The depreciation of house value" has increasingly become an important social crux because of its universality and seriousness,and the unfair and ineffective compensation has become the shackle of harmonious development.The concept of "house depreciation loss"lacks a clear definition,and its boundary should be limited by identifying the difference between "value reduction".After classifying the cases of "house value devaluation",it presents a variety of cases due to the difference of damage causes.The factual and legal nature of depreciation loss meet the requirements of damage compensation.Germany,USA and Canada support the compensation,and each has a specific judgment logic and social basis.China’s judgment and insurance practice reflect that the obstacle of housing depreciation damage compensation lies in the lack of tort compensation and the absence of insurance compensation.The basic problem of insufficient compensation for infringement lies in the denial of compensability because it lacks objective reality,doesn’t meet the requirements of legal nature,is difficult to calculate,and lacks legal basis,which is similar to that in common law.On the basis of the general recognition of the compensability of depreciation losses,the problems of unclear elements of tort liability and legal effect and the absence of insurance compensation in the sharing of depreciation losses are becoming increasingly prominent.The loss of house depreciation is only the type of loss.The composition of tort liability and legal effect are not only judged according to the overall tort,but also have relative particularity.In terms of the elements of housing depreciation loss,it negates the previous"transaction behavior theory","transaction purpose theory" and "transaction possibility theory" and adopts the "value measurable theory".The judgment of the degree of loss shall not be based on the decisive measurement of repair costs,and the essence should be emphasized rather than the provisions.The overall judgment of causality can be realized by means of the concept of risk.The specific causality chain is obviously different due to different types of depreciation losses.In special cases,such as environmental infringement cases,we should distinguish the depreciation loss,rather than the absolute application of inversion of the burden of proof to causality.The scope of compensation for depreciation loss is the difference between the due state and the actual state when there is no loss,and the rationality and accuracy of the evaluation results of the two states shall be ensured.The applicable time point of house depreciation loss should be determined according to the circumstances of the case.Technical depreciation is "when the repair is completed",and when trading devaluation is involved,it is "the last speech debate".When the discretionary method is applied,the technical depreciation takes the degree of physical damage as the main reference element,and the stigma devaluation takes the intensity of accident stigmatization,the degree of fault,the degree of physical damage,the degree of repair and restoration,the degree of disclosure of accident or de preciation information and the change of exchange value as the measurement elements.In view of the special variability of depreciation losses,the amount of losses may be dynamically determined according to the requirements of reasonable certainty,and the innovation of compensation methods may be considered.The housing depreciation loss insurance industry in the United States is booming,and the insurance compensation is gradually recognized by the judiciary.Specifically,its judicial recognition of depreciation losses extends to houses through vehicles,and is not treated differently due to the differences of the insured.In insurance practice,distinguish the difference between all risk insurance and general liability insurance,not only realize the risk differentiation of depreciation loss under the difference of insurance types,but also fully determine whether the depreciation loss can be compensated according to the provisions of the insurance contract.China’s insurance industry should start from social responsibility,reasonably determine the premium according to the possibility and scope of loss,actively assume the responsibility of risk differentiation,pay attention to the risk control of its own insurance behavior,and properly perform its legal obligations.The two-dimensional compensation system for housing depreciation losses has practical significance,structural basis and operation mechanism.Tort compensation and insurance compensation have similar functions,but they practice different ways of loss distribution based on different values.Tort compensation and insurance compensation have the commonality of social basis and function,as well as the differences of system concept and operation mode,which together constitute the structural basis of the two-dimensional system.In the specific structure of the system,we should first adhere to the idea of having and giving full play to each function,and apply the principle of relative separation.On the issue of concurrent application,the application of the two compensation methods must consider the facts of the case and the nature of the damage,and continue to apply the supplementary mode.When the first party insurance,liability insurance and tort compensation are applied in combination,the complex logic between specific types of insurance and different compensation methods should be straightened out on the premise of the effectiveness of relief and the rationality and premise of loss distribution.