Research On The Calculation Rules Of Property Damage Compensation

Article 1184 of the Civil Code stipulates the calculation method of property damage compensation.Its content basically inherits the provisions of Article 19 of the Tort Liability Law issued in 2010 and has not been substantively modified for 13 years.Through the complete compensation principle in tort law field and the judicial cases of property damage compensation in recent years,it can be found that there are some problems in our property damage compensation calculation: On the one hand,if the existing time point calculation standard is applied when the price fluctuates greatly,then when the price rises after the damage occurs,the victim does not get full compensation;if the price falls,the victim gains from the infringement.That is,the judgment result is unfair to the parties and deviates from the principle of complete compensation.On the other hand,the brief provisions lead to the confusion,lack of system and lack of rigor in the judicial application of the property damage compensation method,which is mainly reflected in the confusion of the application of "other reasonable means" stipulated in Article 1184,the application of discretionary law and the application of subjective price factors.The solution to the above problems is to amend or supplement Article 1184 itself and make clear provisions on the rules of judicial application.Specifically,there are three possible methods to improve the application of time point standard in the case of price fluctuations: Replace it with the standard of "at the end of court debate";Based on different property properties,the standards are applicable to multiple time points respectively;While applying the current time point standard,it should be supplemented by predictive rules.In view of the confusion of judicial application rules,it should be made clear that "other reasonable means" should be applied after "the market price at the time of injury".The discretionary method should be based on the objective price.Without giving priority to the market price at the time of the injury,the subjective price factor "the party’s own expenses to cover the loss" can be referred to.Above,after improvement,our property damage compensation calculation method will be more scientific,systematic and logical.