Balance Of Gains And Losses In Damages

Nowadays,with the rapid development of social economy,the cases of compensation for damages due to damages are relatively complicated,and the types of compensation for damages are varied.When the infringement occurs,it usually causes damage to the victim,accompanied by damages.In some cases,the amount of damaged facts and the interests of the victim arising from the occurrence of damaged facts are usually compensated for the loss suffered by the victim.But when the victim gains benefits from the infringement,the question of whether the additional benefits can be offset is whether this article hopes to pass the profit and loss phase.All aspects of the analysis are confirmed.If it can be counteracted,how can the interest be offset?In order to solve the above-mentioned situation,the academic circles have also explored the rules.Although scholars have different explanations of their rules and terminology in the research and development of the balance of profit and loss,there is no obvious difference in the definition of the rules.The meaning of the rules is how to distribute the compensation fairly and justly when personal power and property are damaged.The important system of liability is the rule of deducting damage and obtaining benefits.As a rule of judging whether the interests can be deducted from the losses suffered,its purpose is to distribute the liability and obligations of both partiesin the event of damage fairly.It is necessary to understand and be familiar with the characteristics of rules.Only by analyzing the characteristics of rules can we deepen the theoretical research.From the grasp of the characteristics of rules,with in-depth theoretical exploration and development.In foreign countries,the development of this rule has formed a relatively systematic legal theory,and in practice there are relatively mature case guidance.But in our country,we mainly stay on the basis of learning from foreign experience,although the practical cases have made applicable manifestations,such as our country in the insurance law and tort law field of profit and loss offset related practices,although there are different views on the case judgment,but with Germany at this stage of the equivalent causality and the purpose of the investigation of the statute of double standards.It fits.For this reason,some scholars suggested that our country should refer to the mature experience of Germany.It can be summed up and enriched by combining domestic theories and practical experience in China.Theoretical inquiry is to analyze the applicable requirements of the rule of profit and loss offset on the basis of the applicable theoretical basis,which is the core content of this paper.The relationship between the constitutive requirements is whether the interests generated after the damage are related to the damage,and whether the offset interests belong to the deductible norm.At the same time,it can fully reflect whether the interests of the offset is in line with the legislature of fairness,justice and law.For this reason,whether or not it is low can be clearly stated from the elements.The purpose of this paper is to elaborate on the applicable requirements,analyze the different views of the domestic and foreign academic circles,according to the basic national conditions of our country,and draw a conclusion that the theory tends to be in line with China's practice.China's law does not provide for the balance of gains and losses,its practical cases can be applied through the judge's just value judgment,case views,although there are supporters,there are also opponents.But they all accord with the purpose of legal protection in China,and they are also enriched by other relevant rules.For this reason,the author thinks that the law should make the rules clear to the culture,and then puts forward the suggestion that the rules should be expressly standardized,hoping that the rules in our country not only stay in the case of application,but also as a general rule to become a prescriptive norm to enrich and develop.