iniuria meaning in Chinese
不法侵害,侵辱
Examples
- The third chapter mainly focuses on the civil indemnity liability originating from the securities manipulation . to begin with , the first part ascertains that such kind of torts generally trepasses on the object of so - called " pure economic interest ' mn next part , it demonstrates in detail the requisites with which would incur a civil damage liability . regarding the fault ( including both intention and negligence ) , it put forward a viewpoint that we should impose the civil liability upon manipulations of chinese securities market on the basis of constructive fault principle . about the question of iniuria ( wrong ) , the author studies two aspects , one is assumption of risk , the other is the model of determining iniuria and solutions proposed
其中第一节首先明确了操纵市场这种侵权行为的客体即所谓“纯粹财产上利益” 。第二节具体阐明了操纵市场行为民事赔偿责任的构成要件。在过错部分提出要以推定过失责任原则为基础追究我国证券市场操纵行为的民事责任,违法部分研究了自甘冒险行为和违法认定模式及对策两个问题,其中违法认定模式是一个创新,对改变我国目前证券市场民事索赔必须先由证监会认定违法的机制给予了批判。 - The latter is a theoretical innovation , it criticizes the given model in chinese securities market in which only get the csrc ' s affirmation of iniuria firstly can you claim for damages . then go to the causation , with several european countries as background , the author initially supposes we should adopt the " scope of the rule " theory to solve the causation problem of the liability on manipulations , thereof simplifying the abstract and complex speculation over the causation , merely by thinking through the scope and attempt of law can we judge itfinally , in dealing with damage measure , different from the prevailing method by which scholars often choose one way from three alternatives , those are " out - of - pocket " measure , " defendant ' s profit " measure and " plaintiff ' s loss " measure , the author advises a new appoach that fundamentally applying the first measure and supplementary applying the two measures else , it is expected to fairly settle the puzzling problem in damage measure
在因果关系部分,本文以主要欧洲国家的因果法理为背景,开创性地提出采用法规目的说解决操纵市场行为责任范围因果关系的问题,使抽象的因果推定回归到仅依法规目的与意义考察的单纯境界。最后在损害结果部分,与学界通常在“直接损失衡量法” 、 “被告获利计算法”以及“原告损失计算法”中三选一的思维定式不同,提出以直接损失衡量法为原则并辅之以其余二者的折衷解决方案,以期公平解决损害结果在计算上的难题。