An Empirical Research On The Principle Of Proportionality On Infringement Damage Compensation Rules

The principle of proportion originated in German public law and has the praise of the"crown principle".When the proportional principle constrains the public power,the value of the damaged value must be reduced at the cost of other values.In recent years,the principle of proportion gradually into the field of civil judgment,proportional principle of judicial application of some advantages of infringement cases,tort damages in China for the principle of complete compensation for some cases is difficult to balance the rights and interests,and the principle of proportion for tort damages has a unique moderate effect.In this context,this paper is divided into four parts to explore the empirical research problem of tort damages.The first part is divided into the proportional principle in the theoretical basis of the application of tort damages.By analyzing the connotation of the proportional principle,the status and value pursuit of the proportional principle,the general theory of the proportional principle is revealed,and we strive to define a relatively clear category and provide a solid analysis tool for the in-depth development of the private law application theory of the proportional principle.The second part is the empirical analysis of the judicial application of the proportion principle in tort damages.In this chapter analyzes the principle of proportion in the judicial cases of our country on how the tort damage compensation works,through data collection and sorting,applicable to the form of tort damage compensation proportional principle,that the standard and the development trend of research,fully grasp the principle of the status of judicial infringement damages in our country,show proportional principle for the applicable value of tort damage compensation.The third part is the inadequacy of the applicable proportion principle of tort damages in the trial practice.First,there is the lack of understanding of the connotation of the proportion principle in practice,and the lack of reasoning and interpretation of the proportion principle in judicial application.Through the proportional principle applies to the judicial application of tort damages encountered the theoretical dilemma and reality of full show,both for our overall grasp the proportional principle of tort damages to the judicial reality contradiction provides a feasible blueprint,also for us below to perfect the proportional principle of the application of tort damages.The fourth part is divided into the rule of tort damages.Through three types of means for the proportional principle of tort damage compensation judicial application to provide improvement measures,the first is to determine the proportional principle of procedural regulation,from the perspective of procedure to establish the steps of the judicial practice,followed by the proportional principle of applicable benchmark type regulation,do specific problem specific analysis,provide different solutions for different infringement damage compensation judicial application.Finally,construct a case guidance system applicable to the proportional principle to provide predictability for the future trial of tort damage compensation cases.