Study On Compensation For The Prospect Interest On Tort Law

Prospect interest is the basic classification of property damage,and the realization of prospect interest compensation is an important part of protecting the legal property rights of the right holder.With the development of legal theory and the complication of tort disputes in life,the compensation of vested interests can not make up for the total loss of the victims,and the compensation for the loss of profits becomes an indispensable part.However,the tort law does not make detailed provisions on the prospect interest,in practice,the judge's judgment on the compensation for the prospect interest is also very different.As a result,there are differences and confusion in the determination of the extent of damage and the calculation of the amount of prospect interest.In order to clarify the issues involved in the compensation of prospect interest,this paper mainly studies from four perspectives.First of all,through the study of the concept of prospect interest,the concept of prospect interest and its characteristics are summarized.Secondly,based on the inherent characteristics of the prospect interest,the applicable standards should be reasonably determined on the basis of the principle of compensation,and the relationship between it and causality should be clarified.Thirdly,expatiate on the calculation standard and calculation method of gains.Finally,after a clear understanding of the basic situation of the prospect interest in China,combining with the actual situation of China and drawing lessons from the successful legislative experience of foreign countries,a reasonable system is conceived and some reasonable suggestions for the improvement of the prospect interest are made.