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Data:2009-12-12 2:34
Under the conditions of socialism in our country, in determining the scope of damages, should comply with shields following three principles:
1. Causing property damage to the principle of full compensation.
Civil Law provides the purpose of civil liability for damages, on the one hand the sanctions violations, on the other to compensate victims of property losses. Only ordered perpetrators full compensation for the loss of people in order to achieve this purpose. The so-called full compensation refers to how much damage, how much compensation. Here that the damage, including the direct reduction of existing property (known as direct loss, and actively losses) and in normal circumstances can actually get benefits (called indirect losses, passive losses) have not been.
2. For personal injury compensation only for property damage caused by this principle.
In China, people's lives and health can not be measured in monetary terms and compensation, and therefore only the victim caused by injury, disability, death, the victim did not result in the loss of property can be prosecuted under the specific circumstances of perpetrators other legal responsibilities, The liable. For the result of violations of personal rights of the victims caused by the loss of property (such as medical expenses, lost income, wages, etc.), the perpetrators should be full compensation.
3. Perpetrators to consider the principles of the economic situation.
In China, where the perpetrators better financial situation, there is capacity for compensation, it should compensate the victims of all property damage; if perpetrators of the economic situation to determine bad, so that it is bound to make full compensation for the lives of perpetrators and their families into a difficulties, but should do the work under the premise of the victim, as appropriate, to reduce the amount of compensation. This is not a negation of the principle of full compensation, but rather a necessary complement to the principle of full compensation, so that the necessary and may be organically integrated. Doing so we can uphold the rule of law, but also practical, so that the real rights of the victims are protected.