Claim Property Damage Compensation

Author: Cai Jing
Publisher:
Publish Date: 2005-01-01
Features: Property damage compensation is the civil liability that citizens or legal entities, by implementing illegal acts, infringe upon the property rights of the state, collectives, or other citizens, and cause property damage consequences, as prescribed by law to bear the responsibility of compensating for losses. The Constitution of China stipulates: "Socialist public property is sacred and inviolable. The state protects socialist public property. No organization or individual may encroach upon or destroy state or collective property by any means." "Citizens' legitimate private property is inviolable. The state protects the property rights and inheritance rights of citizens according to law." The Civil Code of China stipulates: "Those who encroach upon state, collective, or others' property shall return the property. If it cannot be returned, compensation shall be made. Those who damage state, collective, or others' property shall restore it to its original state or make compensation." The infringement of property rights is a common tort, accounting for a significant proportion in various cases. The object of this tort is property rights, and property ownership is a major property right of Chinese citizens. Once this right is infringed upon, it inevitably causes damage to the economic interests of the property owner, leading to the loss of the property owner's right to property ownership. When the property owner's interests are harmed, they have the right to claim compensation from the infringer, and the infringer has the obligation to compensate. How to handle such cases, how to claim compensation, and how to make compensation are issues urgently needed by the general public to understand. To enhance citizens' awareness and ability of self-protection, popularize legal knowledge, and provide legal assistance to citizens, we wrote the new practical legal compensation and compensation consultation series—Property Rights Infringement Compensation and Damages. The entries in Property Rights Infringement Compensation and Damages are based on national laws and relevant policies, combined with the various property rights infringement phenomena frequently encountered in people's real-life practices, and reference was made to relevant materials and works. Most of the entries in the book have been published successively on radio or in newspapers. Currently, with the continuous advancement of China's market economy and its accession to the WTO, adapting to the global trend of economic diversification and globalization, China is stepping onto the world economic stage, and the enthusiasm for learning legal knowledge in the entire society is constantly rising. To meet the needs of the general public, we have now organized and supplemented it, compiling it for publication. The purpose of writing and publishing Property Rights Infringement Compensation and Damages is not simply to repeat legal provisions but, through the interpretation of legal provisions combined with judicial trial examples, to categorize and analyze common property rights infringement compensation and damages cases, attempting to make abstract legal provisions and legal doctrines more understandable and accessible to more people, encouraging more people to claim compensation and damages legally to protect their legitimate rights and interests. At the same time, we also attempt to change the face of legal reading materials, which are often difficult, dry, and intimidating for beginners, making legal reading materials more (closer to reality), more (closer to life), and more (closer to the masses), so that more people are willing to read legal works and develop an interest in law. We have always advocated that law should not be a "secret recipe" kept in seclusion, nor an academic monopoly, nor simply a "tool for governance," because law is originally the behavioral rules for all members of society. Therefore, if it cannot be understood and mastered by the majority, the meaning of lawmaking is lost, and the provisions of the law cannot be followed. In the writing process of Property Rights Infringement Compensation and Damages, we attempted to reflect this idea. The book adopts a Q&A format, addressing various infringement problems and factual cases encountered in people's real lives, combined with claims or compensation requests, and then providing answers. In the answers, we strive to cite relevant legal provisions, aiming to base the responses on current laws and regulations, and when specific provisions are lacking in current laws and regulations, we use judicial documents, customs, and cases as the basis, deepening readers' understanding of the law and ensuring that their claims or compensation actions are legally feasible. In terms of the specific content, the book focuses on the needs of various readers, particularly emphasizing the different needs of ordinary readers, to enhance targeting and applicability, avoiding aimless content. In terms of writing style, the book emphasizes practicality, readability, and operability. In terms of language, we strive to make it simple, vivid, and easy to understand. Any obscure legal terms are expressed in simple and vivid language. The book provides practical help to readers in resolving disputes or understanding related judicial operations. Readers can gain valuable insights into how to resolve compensation and damages disputes and learn effective strategies and techniques for handling various compensation and damages cases. In summary, the book can elevate your knowledge of compensation and damages to a new level. To facilitate readers in reading and searching for solutions to various property rights infringement compensation and damages problems encountered in their daily lives, Property Rights Infringement Compensation and Damages is divided into five parts:
1. Basic Principles of Property Rights Infringement Compensation and Damages
2. Compensation and Damages for Infringement of Movable Property and Related Property Rights
3. Compensation and Damages for Infringement of Immovable Property and Related Property Rights
4. Compensation and Damages for Infringement of Property Rights Related to Property Ownership
5. Compensation and Damages for Infringement of Special Property