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Protection of Rights and Interests

Determination of the amount of compensation for damage to property rights caused by tort

Updated: Mar 21, 2018 english.legalinfo.gov.cn Print
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According to the provisions of Tort Liability Law, for infringement to the property of another person, damage to property shall be calculated based on the market price at the time of occurrence of damage to property, or calculated by other methods. That is to say, damage to property caused by a tort shall be calculated based on the market price of this property at the time of occurrence of damage to property. If the property is damaged completely, destroyed or lost, the compensation shall be calculated based on the full market price; if the property has been utilized from many years, its full price should be a corresponding depreciation price of the market price. If the property is not sold on market and there is no corresponding price, compensation can be calculated by other methods. For example, a piece of antique passed down in a family without a market price can be calculated according to the price evaluated by relevant departments.

Where infringement to personal rights and interests causes damage to property, compensation shall be made according to the damage suffered by the victim. If such damage is indeterminable and the tortfeasor obtains any benefit from the tort, compensation shall be made on the basis of such benefit; if such benefit is indeterminable and the victim and tortfeasor fail to reach an agreement on the amount of compensation, either may file a lawsuit with the people’s court and the court shall determine the amount of compensation based on the actual situation.


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