The Method And Theory Of The Damages Of Content

In social development, a variety of disputes is difficult to avoid, especially material damage caused by the dispute is one of the most frequent disputes in the human interactions. The question of damages in civil liability depending on the material of its key elements. How to achieve the relief of the victims is an important mission of civil law. Filled the prevention and punishment constitute the three major purpose of the damages. Connotations on the concept of damage, China’s legislative mode of the concept of damage, including damage that traditionally interests also included obstructed, dangerous. The concept of damage model,"Tort Liability Act" to protect the interests of the scope and mode of compensation of the three coordinated to form a complete specification of the Tort Liability Act system.In rem for damages and restore the status quo and compensation for loss of an important role, the return of property, removal of obstacles and eliminate the danger should not be overlooked. China’s Property Law, the provisions of the restitution, but restitution belongs to the property rights claim. This difference is that has traditionally been regarded as a real right to claim the return of property, removal of obstacles and eliminate the danger, based on the mode of the legislative and practical needs of our country, but also claim as a creditor look. The restitution includes not only the fact of the repair to achieve recovery, to request the necessary costs of restitution can be used as an alternative way.Tort liability, compensation for loss of damage before and after the changes in the value of material for consideration. Restitution depreciation or use the loss of this part of the damage may also request compensation for damages. Damages, generally in accordance with the time of the loss of market price calculation, other means can be used in exceptional circumstances. The location standards for compensation for the losses, the location of the damage occurred mainly depending on the circumstances and decide individual cases.Dealing with the relations of good restitution and compensation for the loss is the key to fill the damage. This issue in China "single for" and "Merge applies to the principle of this provision gives the freedom of choice of victims, victims are free to choose the protection.