More cases involving disability compensation issues. "Supreme People's Court on the trial of personal injury compensation cases applicable to a number of issues of interpretation" Article 25 pairs of disability compensation rules are very clear, described as "standard clear, easy to grasp," as long as its provisions can obtain specific compensation calculated amount. Article 25 stipulates that disability compensation based on the extent of the victim lost the ability to work or level of disability, according to the Court of Appeal by the seat of one year of urban residents per capita disposable income or per capita net income of rural residents standard, custom residue of date calculated by two decades. But more than 60 years, the age reduction for each additional one-year-old year; more than 75 years of age, according to the five-year calculation. Disabling injury victims but no reduction in real income, or level of disability caused by occupational prejudice lesser but significant labor and employment disability compensation can be adjusted accordingly.
Control over the case, "interpretation" method of calculating disability compensation before and after the introduction of great changes, the case is based on the "average cost of living" as a basis of calculation, and the "interpretation" to "by the seat of the Court of Appeal a year for urban residents per capita disposable income or per capita net income of rural residents standard "computing very large gap between the two results. That "interpretation" New standards adopted for the protection of victims with disabilities are more favorable.
Although this calculation method is simple, but in practice there are still some loopholes. Overall damages from personal: 1, "interpretation" of Article 25 of the compensation calculated life of 20 years, according to the average life expectancy of Chinese citizens 70 years of age calculation, if the disability is a 1-year-old child, compensation for 20 years clearly can not compensate for the loss of labor capacity due to losses suffered, even according to the interpretation of the provisions of Article 32 may claim compensation for the obligation to continue to pay 5 to 10 years, the maximum is 30 years, then there is what 40 years of relief to Press "interpretation" provision in 40 years over a 45-year-old can be maimed before the 20 years of its life to cover compensation, compensation for locking 20 years is clearly not in line with reality seems to be fair and objective facts, it is difficult to say which has rationality. 2, if the right to compensation because of the rehabilitation and regain the ability to reduce the level of disability or compensation if the obligor may request a one-time payment of their return appropriate compensation for disability compensation paid it? If the victim will be discharged when the treatment has not completely cured, and then carrying out a more serious level of disability evaluation and obtain the corresponding disability compensation and then continue treatment, the Court what measures to guarantee relief to avoid the obligation to compensate people encounter Such innocent, disability compensation payment should therefore have more detailed conditions, such as (1) to meet the basic cure treatment; (2) without graded fixed residue; and (3) the cost of follow-up treatment or rehabilitation costs do not occur, and so on. 3, after the compensation (including dependents living expenses compensation), compensation for the disabled to get disability income may be higher than previously obtained, although it actually increased the compensation from the obligation of responsibility, does not conform to the objective facts, but in practice the obligation of reparation generally do not care about that time, which downplayed the "interpretation" of the defect.
