Two Subjects Of The System Of Compensation For Infringement

There are a lot of law norms of compensation for infringement in our country,but their effectiveness levels are different.These norms lack consistent provisions.As a result,many judicatory outcomes in similar cases are totally different,which has already damaged to the uniformities and authorities of the judicature.Chapter 1 of the article carries on a thorouth study for the compensation scope.The article points out we should establish general rules to unify the compensation scope.The general rules are the full compensation rule,the profits and losses mutually countervailing rule,the defects mutually countervailing rule and the considering economic conditions of the party concerned rule involved.The full compensation rule refers to the responsibilities undertaken by the injuring party are based on the actual losses.In other words, the more losses are,the more compensation is.The extent of the full compensation includes direct losses and indirect losses.The full compensation scope is based on the actual losses.The profits and losses mutually countervailing rule means when the right owner benefits from the same fact,the holder of obligations only makes compensation for the margin between the benefits and the losses.Performing the rule should be in accordance with the purposes of the laws.Meanwhile,the causal relation is still an important constituting condition.The defects mutually countervailing rule means when the injured party has faults in the occurrence or extension of the losses,the responsibilities of the injuring party should be eased or dismissed.The cause is the main standard to ensure the proportions of responsibilities and the compensation scope.The considering economic conditions of the party concerned rule means a concrete investigation should be made for the economic income and necessary economic expenditure of the party concerned. The existence of the responsibilities is the precondition for the rule.The rule stresses on the economic conditions of the injuring party, but not the injured party.The system of compensation for mental distress,as an important system of the civil law,is significant to protect the personal rights and interests.Along with the development of the economy and the progress of the society,the provisions of compensation for mental distress in our country are gradually perfect.The existing system and related legislation receive the supports and affirmations in the judgements.But compared to the developed countries,from the compensation scope to the compensation methods in our country,there is still a big margin.The citizens'consciousness of protecting their rights is being so strengthed continuously that the existing provisions can't satisfy the realistic demands.Chapter 2 analyses the system concretely in order to develop its functions.The article points out the limitations of the system focus on narrow object scopes and extreme dependence on the exercising discretionary power.The article also points out we should type the abstract rights further,establish the compensation principles and concrete calculating rules,rystallize the considering factors and cancel the compensation quotas.Thus,the article makes beneficial researches on the system of compensation for mental distress.