论机会利益的损害赔偿

On Compensation for Damage to Opportunities and Interests

摘要: 机会利益作为民事利益的一种，虽然没有法律的明确规定，但却广泛地存在于民事活动中，与民事主体的利益密切相关。而在机会利益损害赔偿领域，由于对“机会”的定义和“机会利益”的范围一直存有争议，以及传统的侵权行为法理论无法证明机会利益损失中的因果关系等原因，司法实践很难处理该类案件。因此有必要对传统的损害赔偿理论进行再思考。通过思考机会利益本身的价值内涵，寻求其法律依据。然后考察在传统法律体系中裁决机会利益损失案件存在的困境，据此明确机会利益损失因果关系的判断规则。然而机会自身“可能性”的特点决定了不能无限制地适用，因此有必要对机会利益损害赔偿理论进行限制。

Abstract: Opportunity interest, as a type of civil interest, although not explicitly regulated by law, widely exists in civil activities and is closely related to the interests of civil subjects. In the field of compensation for damages to opportunity interests, due to the ongoing controversy over the definition and scope of “opportunity”, as well as the inability of traditional tort law theories to prove causal relationships in the loss of opportunity interests, it is difficult for judicial practice to handle such cases. Therefore, it is necessary to reconsider the traditional theory of compensation for damages. By contemplating the inherent value of opportunity benefits and seeking their legal basis. Then, examine the difficulties in adjudicating cases of loss of opportunity benefits in the traditional legal system, and based on this, clarify the rules for determining the causal relationship of loss of opportunity benefits. However, the inherent “possibility” of opportunity itself determines that it cannot be applied without limitation, therefore, it is necessary to limit the theory of compensation for damage to opportunity interests.