The Legal Difficulties And Solution Of Compensation For Tort With Money

The focus of judicial practice is how much money the defendant should give the plaintiff,as will as clarify the tort liability.One who is at fault for infringement upon a civil right or interest of another person shall be subject to the tort liability.As a way of comforting the victim,give them money is the best and commonly used way,whether it is damage of property or non-property.When the tortfeasor and the victim negotiate to resolve the disputes of infringement,they will also focus on the compensation for tort.However,it is hard to understand the all the rules of tort due to the fact that the rules of compensation are scattered in different laws,and the rules of compensation for tort has external risk.There are many factors can affect the amount of money paid to the victim,and the method of calculation is not reasonable.For example,the compensation is based on the distinguishing between urban and rural and the standard of the local of the court of appeal,and the death penalty is calculated for 20 years.What's more,the judge has a lot of discretion on determining the amount of money paid to the victim.The change of the price of things wasn't considerate.There is no limit on the maximum amount of money of compensation for tort.We cannot find rules for the special infringements.Those problems make the negotiate between the tortfeasor and the victim not easy,and the victim is confused as will as depressed.Above all,we should perfect the tort law by solving those problems.We can amend the tort law by broadening the flexibility of the rules of compensation for tort and improving the practicality of the rules.Also,we can simplify the calculation of the amount of money paid to the victim and regulate the discretion of the judge.We should take the change of the price of things into account.For instance,when the cost of repair is higher than the replacement fee,the infringer can choice to pay the replacement fee;when the infringer return the stock and the stock's price is down,the fringers should also be paid for the lose;one who commits suicide in someone's house and it makes the price of the house down in transaction,and shall the infringer should pay for it.In addition,the law of tort should set a maximum and a minimum limit of the amount of money of compensation for tort.For the last,make some rules for compensation of special infringements.If the victim prior to death,his compensation of the spiritual damage can be inherited.When the fetus is hurt,it can ask for compensation.One deserves the minimum amount of money of damages can be made because of the malicious proceedings.