当事人一方不履行合同、不适当履行合同,或者故意、过失地损害他人财产或财产利益,不仅会给对方造成财产上的直接损失,而且也往往会使对方的可得利益蒙受损失。从司法实践来看,一般对受害人财产上的直接损失都比较容易确定和赔偿,而对于可得利益损失则往往难以确定,在赔偿中也常常引起争议。为此,本文试图从理论和实践的结合上,对违约和损害他人财产所造成的可得利益损失的赔偿范围及赔偿方法作些粗浅的探讨。在我国,赔偿损失作为一种民事责任,它的范围,总的来说,是以民事违法行为给受害人财产或财产利益所造成的实际损失为限。对可得利益损失的赔偿当然也不能例外。行为人由于违约或者故意、过失地损害他人财产而给对方造成的可得利益损失,主要有如下几种: Failure of one of the parties to perform the contract, improper performance of the contract, or willfully or negligently damage the property or property interests of others will not only cause direct property damage to the other party, but also often result in the loss of the other party's available profits. From the perspective of judicial practice, it is generally easier to determine and compensate for the direct loss of property of the victim, while it is often difficult to determine the loss of available profits, often causing controversy in compensation. Therefore, this article attempts to combine the theory with the practice, and discusses the scope of compensation and the method of compensation for the loss of profits caused by the breach of contract and damage to the property of others. In our country, compensation for damages as a civil liability, its scope, in general, is limited to the actual losses caused by the interests of the victim's property or property due to civil unlawful acts. Of course, the compensation for the loss of profits can not be an exception. There are mainly the following kinds of losses caused to the other party as a result of the party acting in breach of contract or intentionally or negligently injuring the property of others: