减损规则是减轻损失规则的简称,作为一个从普通法发展过来的古老规则,随着时代的发展,减损规则几乎为各国立法和判例所承认和采纳。但是在我国的现实司法实践中,该项规则没有得到适当的运用,其作用也没有得到很好地发挥。本文主要探讨了减损规则的国内理论研究现状和减损规则在司法实践中如何把握。 The derogation rule is the abbreviation of the mitigation rule. As an old rule developed from the common law, with the development of the times, derogation rules are recognized and adopted by almost all countries’ laws and precedents. However, in our country’s actual judicial practice, this rule has not been properly applied and its role has not been well played. This article mainly discusses the current situation of domestic theoretical research on derogation rules and how to derogate the rules in judicial practice.