Article 238 of the "Protection of Protection of Property" in my country's "Civil Code" (if there is no special indication of the "Classification of the Civil Code" in the "Cited Code"), "infringement of property rights，What caused the damage of the right holder，The right holder can request damage compensation in accordance with the law，You can also ask for other civil liability in accordance with the law。"" infringement of property rights caused damage，The right holder has the right to request damage compensation，That is to say, the right to compensate for damage can be used as the protection method of property rights，But the right to damage compensation is in nature belongs to the right to claim the right rather than the right of property request，And the right to request the right to the right to the right of claims is applicable。So，The infringement behavior of infringing property rights，It should be applied to exclude obstruction、Eliminate danger、Return to the three types of property rights request rights，Credit claim rights have the nature of the pocket，If the right to request the above property rights can make the right of the infringer be a complete relief，or the infringement of the property right has not yet caused damage to the right holder，So the right to claim the claim is not applicable。This article specifies，It is intended to create damage compensation request for the right person for property rights to be infringed，However, this article stipulates that it is incomplete specification，Full、To accurately understand and apply the right to compensation request requests specified in this article，Must be scientific for bet365 best casino games this article、Systematic explanation，It mainly includes the following four aspects。

　　Bet365 app download The "Protection of Protection of Property" "Protection of the Civil Code".，The provisions of Article 1184 of the Civil Code of the Civil Code should be applied。It should be said，my country's "Civil Code" infringement liability Article 1184 of the scope of compensation for property damage is less than Article 1179.、Perfect。In judicial practice, you can refer to international practice，Come on the damage compensation of property，Requirement of damage compensation obligations must restore the state that if no violations occur.，The scope of damage compensation should include income benefits。Ranging according to the usual situation or according to special emotion，Especially considering the preparation and preventive measures taken by one party，Expected interests with great expectations，For the benefits。other，Due to intentional or severe losses, natural people have a personal significant specific object that causes serious mental damage，The infringed person has the right to request mental damage compensation (Article 1183)。

Article 238 of the Civil Code stipulates the right to claim the damage compensation for property rights，But there is no problem in the principle of accountability，The infringement liability of the Civil Code should be applied to 1165、1166、Article 1186 The fault liability stipulated、Principles of Backing Responsibility for No Missing Responsibility and Backing Responsibility，What kind of blame principle depends on the "Civil Code" infringement liability editor of different infringement subjects and types of infringement，The principle of blame for error liability for fault liability is usually applicable。When the infringing behavior that claims damage compensation due to the infringement of property rights is applicable to the principle of fault liability，The infringer should be free Bet365 app download of liability if you want to claim that there is no mistake，Then the infringer must proof of the fact that the facts are not faulty。When the infringement acts that claim damage compensation due to property rights are applicable to the principle of fault preservation,，The infringer cannot prove that he is not at fault，Should bear the liability for infringement。

Come on damage to property rights，There are two attached problems, it is necessary to note: first，The infringer must assume civil liability at the same time because of infringement、Administrative responsibility and criminal responsibility，If the infringer's responsibility is insufficient and property，must give priority to civil liability (Article 187)。2，The residual objects caused by the property caused by the property right，Usually owned by the infringer。The infringer compensated all the reset costs for the damage of the infringer，The right to request the right to request the right to request the right of the infringed person is surrendered after the damage and loss of the original object、Transformers and other residues (Article 985)。

　　Its two，Interpretation of the claim right to damage the property that involves the third person's property rights。Usually，The exercise of the damage compensation for damage to the property right does not involve a third person，But exercising the right of substitution、In the case of the right to revoke, there are exceptions。The property rights are violated，If the victim is negligible to exercise damage compensation request right，or the insurer that the insurer was violated and fulfilled the insurance compensation obligation，The preservation of the contract (Article 535) and the right to claim the insured (Article 60 of the Insurance Law)，3271_3301。but，According to the provisions of the Insurance Law: "Except for the family members of the insured or their components intentionally caused the insurance accident specified in Article 60 of the Law，The insurer must not have the right to compensate for the insured's family members or their components to exercise the throne request for compensation。"(" Article 62 of the Insurance Law ")，According to the provisions of the Insurance Law: "After the insurance accident,，Before the insurer did not compensate the insurance premium，The insured person abandoned the right to compensate for compensation for a third party，The insurer does not bear the liability for compensation for insurance。The insurer compensates the insured after compensating the insured，The insured person has given up the right to compensate for compensation for third parties without the consent of the insured，This behavior is invalid。The insured deliberately or due to a major loss that causes the insurer to exercise the right to compensate for compensation，The insurer can deduct or request to return the corresponding insurance deposit。"" (Article 61 of the Insurance Law)

Property rights are infringed and the victim gives up to infringe the property right to require the infringer to damage compensation，If it gives up exercise damage compensation requests to damage the interests of its creditor，Then the victim's creditors have the right to exercise the right to revoke，Request the people's court to revoke the behavior of the debtor。The scope of the exercise of the right to revoke is limited to the creditor's claims。The necessary cost of the creditor exercise the right to revoke，Burned by the debtor。(538、540 Article)

　　Its three，Alert to the debt of the damage compensation of property rights、Transfer and pre -exempt explanation。Usually under the situation，The victim will damage the claim for damages，Credit with the infringement，Debate of each claim，"Civil Code" Article 557 regulations on contract debt offset，How to explain the interpretation of the purpose，It should be used for non -contract debt，Because my country's "Civil Code" does not set up the general rules of debt law。but，According to the requirements of the principle of public order and good (Article 8)，To prevent moral danger，Counterfeight of the defense damage compensation debt，It should be explained in accordance with the following principles: the infringer actor's debt that occurs due to intentional infringement or major negligence infringement，It must not be replaced with the claims they enjoy。

Credit rights as property rights，The object that can become the right of inheritance，Can inherit in accordance with the law。Compensation The right holder died before receiving compensation，The claims of their compensation are inherited by their heirs。Compensation obligations to bankruptcy before paying，Compensation right holders have the right to declare claims to the bankruptcy clerk。Compensation obligations merge before compensation、separation or dissolution，The right and obligations of their rights and obligations are affected by their debts。Compensation obligations have been revoked without rights and obligations，The debt of the cancellation agency will bear its debt。Usually，According to the principle of freedom of contract，The parties pre -eliminates some possible debts in a special form，Do not violate the principle of freedom of contract，Its effect should be affirmed，This is fully in line with the basic principles of autonomy of private law (Article 5)。but，Considering special enterprises、Social responsibility of special actors，Considering the protection of the weak，Considering the different economic status and strength of the market subject、Unemark in the aspects of self -protection，Considering the maintenance of public interests、Prevent the loss of state -owned and collective assets，Considering bet365 best casino games the protection of basic human rights，For the damages of damages caused by intentional or significant losses in a special form, compensation debt，or the damage of the property rights to infringe the damage compensation debt is violated by the public interest、Protection of the interests of the weak、Consumer interest protection、Principles of Human Rights Protection，lead to unfairness、Unreasonable results，This pre -pre -free special effect should not be recognized。

　　Fourth, the explanation of the "right holder".This article stipulates that the "infringement of property rights" causes the damage of the right holder，The right holder can request damage compensation in accordance with the law，But there is no explicit method for the specific scope of the "right holder"。This article thinks，When the property right is infringed, the damage compensation request the claimer，As the name thinking, first refers to the property owner，But in addition to the property owner，Heirs under specific conditions、Guardian、The property custodian of the missing person、Bankruptcy Manager、Activalers and the People's Procuratorate in the Civil Procedure (Article 101, paragraph 2) of the Criminal Procedure Law，You can also exercise the right to compensation for damage to property rights in accordance with the law。Corresponding to "Rights"，The obligations who bear the liability for damages of property rights in accordance with this article are usually infringement，According to the principle of your own responsibility，The infringer only needs to be responsible for the liability for compensation caused by the infringement of his property rights，There is no need to be responsible for the infringement of others，But there are also some exceptions in this principle，For example, an agent、Guardian、Excible people、Employer, etc. (167、1169、1170、1188、1191)。

　　(This article is the key project of the "Civil Code" in the "Research on the Research on the Research of the Real Edge of the Civil Affairs" (18SFB1008) phased achievement)

(Author Unit: Wang Jian Law School of Suzhou University and Soochow Public Law and Comparative Law、Jiangsu University Regional Law Coordination Innovation Center)