机会利益作为一种具有一定价值的财产受到当代侵权法的高度重视,两大法系国家的侵权法均对机会利益的保护问题做出了肯定或者否定的回答。损害的确定性理论规避了因果关系理论存在的问题,具有科学性和合理性。在确定被告就其过失行为对他人遭受的机会损失承担侵权责任时,法律原则上应当采取按比例赔偿原则,辅之以法官的自由裁量原则。 Opportunistic interests as a kind of property of a certain value are highly valued by the contemporary law of tort. The tort law in the two legal systems countries affirmed or denied the protection of the opportunistic interests. Deterministic theory of damage circumvents the existing problems of causation theory, which is scientific and reasonable. In determining the defendant's liability for infringement of the opportunity suffered by others for his negligence, the principle of proportionate compensation should be followed by the law, in principle by the principle of discretion of the judge.