Research On The Use Of The System Of Conpensation For Loss And Tort Damage

By adopting the research method of empirical analysis,the author collects the use loss cases from 2009 to 2019 through PKULAW.com and then figures out the problems and disputes existing in use loss based on the dual analysis of judicial practice and theoretical research.Use loss cases are mainly divided into four categories: infringement disputes,real right disputes,contracts,voluntary management and unjust enrichment disputes and civil disputes relevant to companies,securities,insurance,bills,etc.Through the analysis and sorting out of these cases,there are three disputes in the field of infringement: determination of the existence of use loss,compensability of possible loss of use and the amount calculation method of damage compensation for use loss.Regarding use loss,there is still no clear and unified conceptual explanation in the educational circle,currently,it is only generally explained as the loss of use interruption or loss of use possibility.Whether the use loss can be established not only needs to be judged from the two cases of incapability to use and decline of use benefit or use efficiency,but also needs to consider the two special cases of the complete loss of use function and the damage of the non-owner's possession.It is of great significance to distinguish the types of use loss for studying the system of compensation.Through summary and analysis for the case and theory,the use loss can be divided into four types,that is,the use loss of profitable materials,the use loss of unprofitable materials,the use loss under the "idle vessel" rule,and the use loss of the user without using the damaged materials.In the tort law field,there are many disputes on the compensation for loss of use.The voice of denying the use of damages for loss is growing,which mainly focus on three aspects: violation of filling rules,difficulty in determining the scope and failure to constitute legal losses.However,it is proper on the establishment of liability for damages for use losses,this is mainly because there is objective property damage in use loss,the scope of use loss can also be determined,the possibility of use does not conflict with the inherent value of the object,and some laws in China also confirm the compensation for use loss.In essence,the loss of use is indirect loss or pure economic loss and also includes mental loss in some cases.Master the essence of the use loss and combine with the consideration factors such as dates,the specific amount of compensation is determined based on rental law,objective law,lost interest law and flexible law.Finally the compensation scope of loss is determined.