A Study On The Direct Loss Of State Compensation For Property Rights In My Country's Judicial Practice

As for the damage compensation of property right,Law of the People’s Republic of China on State Compensation takes compensation for direct loss as the principle,but does not clearly distinguish the standard that property right damages direct loss and indirect loss,which makes it lack of unified judgment standard when we decide whether it is direct loss or indirect loss.In practice,indirect loss is difficult to be supported by the court,and the judgment that the indirect loss is rejected at will is also ridiculed by the parties concerned,the academia and the media.In judicial practice,the compensation standard of property damage is “in chaos and confusion”,and the definition of “direct loss” in academic circle is “various”.Besides,the judges in judicial practice also lack the ability of insightful thinking.So many factors deepen the confusion of judicial practice.In this article,through comparing the “reality pattern” of the identification standard of direct loss in judicial practice with the “oughtness pattern ” designed by scholars,and combing with the provisions on the compensation standard of tort damage in Tort Liability Act,it points out the disadvantages existing in direct loss theory in the current State Compensation Law and proposes the author’s suggestions,namely the compensation scope and standard shall directly apply to the provisions of the Tort Liability Law,and the scope of “pure financial loss” shall be clarified;The scope and standard not to be compensated shall be defined,so as to reach the purpose of expending the compensation scope of the direct loss.Under the premise of maintaining the existing framework of national compensation system,we can not only improve the theory of direct loss compensation for the state property right,but also expand the compensation scope of the victims in judicial practice,and strive to achieve the balance of both interests.