2. This kind of case is called property damage compensation dispute, which is a general civil dispute. A case of compensation for property damage, as its name implies, refers to a case in which the obligee thinks that his legally owned property has been infringed and brings a lawsuit to the court, asking the injurer to stop the infringement and compensate. Property compensation is mainly monetary compensation, supplemented by restitution, restitution and apology.
3. Property right refers to the right of the obligee to possess, use, benefit and dispose of his lawful property according to law. Property right is a basic right enjoyed by citizens according to law, and it is also protected by our constitution. Like other legal relations, the property right relationship is a legal relationship of rights and obligations between people, a relationship of rights and obligations between people, and a dominant relationship over property. In this relationship, the right subject enjoys the right to control the property with his own will, thus obtaining the property benefits, while the obligation subject has the obligation not to infringe on the property and not to hinder the right subject from controlling the property. The two complement each other and constitute the content of property rights.
4. Paragraph 2 of Article 117 of the General Principles of the Civil Law stipulates that if the property of the state or the collective or the property of others is damaged, it shall be restored to the original state or compensated at a discount.
5. Article 2 of the Tort Liability Law stipulates that those who infringe upon civil rights and interests shall bear tort liability in accordance with this Law.
The civil rights and interests mentioned in this Law include personal rights and property rights such as the right to life, health, name, reputation, honor, portrait, privacy, marital autonomy, guardianship, ownership, usufructuary right, security right, copyright, patent right, trademark exclusive right, discovery right, stock right and inheritance right.
6. Article 76 of the Road Traffic Safety Law stipulates that if a motor vehicle accident causes personal injury or property loss, the insurance company shall make compensation within the liability limit of compulsory third-party liability insurance for motor vehicles; The insufficient part shall be liable for compensation in accordance with the following provisions:
(1) In case of a traffic accident between motor vehicles, the party at fault shall be liable for compensation; If both parties are at fault, they shall share the responsibility according to their respective fault proportions.
(two) motor vehicles and non-motor vehicle drivers and pedestrians have traffic accidents, and the non-motor vehicle drivers and pedestrians are not at fault, and the motor vehicle party shall be liable for compensation; If there is evidence that non-motor vehicle drivers and pedestrians are at fault, the liability for compensation of the motor vehicle party shall be appropriately reduced according to the degree of fault; If the motor vehicle party is not at fault, it shall be liable for compensation not exceeding 10%.