英文摘要 |
"It is an important tendency in the development of comparative law to continuously expand the power of the court to determine the amount of compensation in the infringement of personality rights. Conforming to this development trend and continuing the legislative experience of the Tort Liability Law, China’s Civil Code stipulates rules of the court discretion in compensation for property loss infringing on personality rights. The object of the court’s discretion is the amount of the injured party’s property loss rather than the amount of the tortfeasor’s profit. In the case of infringement of personality rights, the court may determine the amount of compensation at the discretion according to its own authority, and the injured party may request the court to determine the amount of compensation at the discretion as well; moreover, when the injured party claims against the tortfeasor to compensate for property loss but unable to provide the proof of the amount of one’s own property loss nor the amount of the tortfeasor’s profit, the court is also obliged to determine the amount of compensation at the discretion in accordance with its authority. For the need of preventing damage, in specific cases, the court shall generally determine the amount of compensation at the discretion based on reference factors of damage prevention such as the amount of proposed royalties, the amount of the tortfeasor’s profit,and so forth." |