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《国家赔偿法》以赔偿直接损失为原则,往往难以更好的保护被侵权人的合法权益。本文把间接损失界定为未来确定可得的利益损失,指出在把间接损失纳入国家赔偿范围时要以公平合理为原则,被侵权人要对自己提出的间接损失承担举证责任,勿因间接损失形式的多样化而重复计算,可以通过收益平均法、同类比照法计算出单位时间内的平均收益以求得间接损失的总量。对于律师费、合理的差旅费等,也应在正常、可接受的范围内予以赔偿。
In the principle of compensation for direct losses, the State Compensation Law often can not better protect the legitimate rights and interests of infringers. In this paper, the indirect loss is defined as the loss of interest that can be determined in the future. It is pointed out that the principle of fairness and reasonableness should be taken into account when indirect losses are included in the scope of state compensation, and the infringer should bear the burden of proof for the indirect losses it has made. The calculation of the diversification, you can use the average income method, the same comparison method to calculate the average return per unit of time in order to obtain the total amount of indirect losses. Attorney fees, reasonable travel expenses, etc., should also be within the normal, acceptable range of compensation.