論損害額酌減制度的構建

Theory on the system for appropriately relieving the amount of damage

The principle of full compensation have inherent defect, in the occasion of relieving damages for livelihoods and fair, which cannot obtain appropriate legal result. In order to achieve substantive justice in cases, the system for appropriately relieving damages should be set up. In nature, the object of relieving is the amount of damage not the scope of damages. The elements of the system should be constructed respectively in the system of relieving damages for livelihoods and fair, thus balancing parties’ interest. The scope of relieving should be properly acquired by fully consider related factors, achieving the claim of proportionality. In addition, in order to prevent the judge’s arbitrariness, judge should fully demonstrate the result, further reducing the arbitrariness of result and guaranteeing the correctness.