What is the legal basis for the compensation amount of 696,000 yuan? Why is the mental comfort money in this case as high as 200 thousand yuan? What's the breakthrough in this case? In response to the above problems, CCTV reporters connected with lawyer Zhou Chuikun of Beijing Yingke Law Firm to make a detailed interpretation of the first-instance judgment of this case.
CCTV reporter: The amount of compensation pronounced by the court is 696,000 yuan. What is the legal basis?
Lawyer Zhou Chuikun: The court ruled that the defendant Liu Nuanxi compensated the plaintiff Jiang Qiulian for various economic losses of 496,000 yuan and mental damages of 200,000 yuan. Regarding compensation for economic losses, on the one hand, the court only supported economic losses with evidence of 6.5438+0.24 million yuan, such as transportation expenses, accommodation fees, visa fees, funeral expenses and other economic losses with objective evidence. On the other hand, based on the fault degree of Liu Nuanxi and the causal relationship with Jiangge's death, Liu Nuanxi was sentenced to bear about 40% of the liability for compensation.
In this case, the court supported Jiangge's mother's claim for death compensation. Generally speaking, the court rarely supports death compensation in its judgment. The reason why death compensation is not supported in the civil judgment is that there is no direct and clear causal relationship between the tortfeasor's infringement and the victim's death, and there is no need to comfort the victim and his relatives.
In addition, death compensation will not be awarded in China's criminal judgment, which is based on the specific national conditions. Criminal punishment has played a role in punishing crimes and caring for victims.