The saying of "Xinjiang Law" | The legal provisions of these personal damage compensation, how much do you know?

This issue has been introduced by the "Xinjiang Law" series of reports: "Xinjiang Xiaoli" statement | The legal provisions of these personal damage compensation, how much do you know? "

From May 1 this year, the "Supreme People's Court's Decision on Several Issues of the Supreme People's Court on the Application of Laws on the Application of Laws in the Supreme People's Court" (hereinafter referred to as the "Decision" ") began to implement it. Death compensation and the living expenses of the supporters were modified from the original compensation standards of urban and rural distinctions to the uniform use of urban residents' standards.

The "Decision" focuses on the unified urban and rural issues of compensation for the standards of compensation, and reforms the compensation system for personal damage, which will help reduce urban and rural gaps and promote social fairness and justice. This issue will take you to understand the relevant laws and regulations of people's physical damage compensation.

ask

What are the items for personal damage compensation?

Personal damage compensation includes two parts: material damage compensation and mental damage compensation. Material damage compensation also includes medical expenses, nursing expenses, transportation expenses, nutritional expenses, hospital food subsidies, miscalculation fees, disabled auxiliary appliances, disabled compensation, funeral expenses , Death compensation and other items.

Law link

"People's Republic of China"

Article 1,79: Those who infringe on other people's personal damage shall compensate for medical expenses, nursing expenses, transportation expenses, nutritional expenses, hospital food subsidies, etc. to treat and rehabilitate the reasonable expenses, as well as revenue due to miscalculation reduction. Essence If the disability is caused, the auxiliary equipment fee and disability compensation shall also be compensated; if the death, the funeral fee and death compensation shall also be compensated.

"Interpretation of the Supreme People's Court on Several Issues of Laws on the Application of Laws of Personal Damage Compensation Cases"

Article 1 The people's court should accept Article 1 due to the violation of life, body, and health.

ask

How long is the time period of personal damage compensation? Which courts have regional jurisdictions?

The time period of the lawsuit is 3 years and the longest is 20 years.

Law link

"People's Republic of China"

Article 188 The period of time for litigation to protect civil rights from the people's court is three years. If the law has other provisions, in accordance with its regulations.

During the limitation period of litigation, the right person knows or should know that the rights are damaged and the obligations are calculated. If the law has other provisions, in accordance with its regulations. However, if the rights of rights have been damaged for more than 20 years, the people's courts will not be protected and have special circumstances, the people's court may be extended according to the application of the right holder.

Civil Procedure Law of the People's Republic of China

Article 29 The lawsuit filed by the infringement shall be under the jurisdiction of the people's court of the infringement or the place where the defendant's residence.

ask

How to calculate personal damage compensation?

(1) Medical expenses = diagnosis and treatment costs+medical expenses+hospitalization fees

(2) Misunderstanding fee

1. If the victim has a fixed income, the cost of misunderstanding = the daily salary of the victim × misalignment time (day).

2. The victim has no fixed income

(1) Mistake labor cost = the average income of the victim in the past 3 years × the misclaxing time (heaven);

(2) If the victim cannot prove the average income in the past three years, the misrepresented fee = the same or similar in the industry of the court in the past year or the average daily salary of the employee of the year in the previous year × the error time (heaven);

3. If the victim has no labor income, the court requests the court to request the court generally does not support it.

(3) Nursing fee

1. If the nursing staff has income, the nursing fee = daily salary of nursing staff × nursing period (day);

2. If the nursing staff does not have an income or hire a caregiver, the nursing fee = local caregivers engaged in labor remuneration date standard for the same level of care × nursing period (sky) × number of nursing staff (in principle 1 person).

(4) Transportation costs = actual traffic costs such as medical treatment, transfer to hospital

(5) Sub -hospital food subsidy = General Staff of Local State Organs Missing Food Subsidy Day Standards × Hospitals

(6) Nutrition costs = actual necessary nutritional costs

(7) Disability compensation = The per capita disposable income of urban residents on the place where the court is located on the place where the residents of urban residents are available × compensation life × disability coefficient

Note: 1. The date of compensation is calculated from 20 years from the date of determining the level of disability. However, if the disabled person is over 60 years old, every 1 year of age increases, and the compensation period is reduced by 1 year; if you are over 75 years old, the compensation period is calculated at 5 years;

2. If the right holder can prove that the per capita disposable income of the residents of the residential residence or the frequent residential cities and cities in the place of residence is higher than the standard of the court where the court is located, the disability compensation may be calculated according to the relevant standards of its residence or the relevant place of the frequent residence.

(8) Disability auxiliary equipment fee = reasonable cost of ordinary applicable appliances

(9) Funeral expenses = the average monthly salary of employees in the year of the court where the court is located × 6 months

(10) Death compensation = The per capita disposable income of urban residents on the place where the court is located in the year

Note: 1. The compensation life is calculated by 20 years. However, if the disabled person is over 60 years old, every 1 year of age increases, and the compensation period is reduced by 1 year; if you are over 75 years old, the compensation period is calculated at 5 years;

2. If the right holder can prove that the per capita disposable income of the residents of the residential residence or the frequent residential cities and cities in the place of residence is higher than the standard of the court where the court is located, the death compensation can be calculated according to the relevant standards of their residence or the relevant place of the frequent residence.

(11) The living expenses for the supporter

1. If the supporter is a minor, living expenses = per capita consumption expenditure for urban residents × (18-actual age);Per capita consumption expenditures of urban residents × 20 years;

3. The supporter of the support is 60 to 75 years old. If there is no ability to work nor other sources of living, living expenses = per capita consumption expenditure of urban residents × [20- (actual age-60)] year;

4. The supported person is over 75 years old. If there is no labor ability nor other sources of living, living expenses = per capita consumption expenditure of urban residents × 5 years;

5. If there are other supporters, living expenses = living expenses for the supporting person ÷ the number of supporters;

6. If there are several people being supported, the total annual compensation is ≤ per capita consumption expenditure of urban residents in the previous year.

(12) The relevant provisions of the "Explanation of Several Issues of the Supreme People's Court on Several Issues on Trial of Civil Infringement Spiritual damage compensation compensation for the Supreme People's Court".

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