Compensation standard for railway accident damage
202 1-06-30 13:56
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Introduction:
Railway is a popular mode of transportation now, and the compensation standard for railway accident damage is mainly applicable to trains and high-speed trains. When a traffic accident happens, the liability for damages should be considered comprehensively. Then, let's introduce the relevant contents of the compensation standard for railway accident damage.
Compensation standard for railway accident damage
First, the railway accident damage compensation standard
According to Article 12 of the Supreme People's Court's Interpretation on Several Issues Concerning the Application of Law in the Trial of Disputes over Compensation for Personal Injury in Railway Transportation, "If the passenger's personal injury is caused in the process of railway passenger transportation, and the obligee requires the railway transport enterprise to bear the liability for breach of contract, the people's court shall determine whether the railway transport enterprise bears the responsibility and the size of the responsibility in accordance with the provisions of the General Principles of Civil Law of People's Republic of China (PRC); If the obligee for compensation requires the railway transport enterprise to bear the tort liability, the people's court shall determine whether the railway transport enterprise shall bear the liability for compensation and the size of the liability in accordance with the relevant laws and regulations on tort liability. "
First of all, passengers take the train and form a transportation contract relationship with the railway department. Ensuring the safety of passengers is the responsibility and primary obligation of the railway department. Secondly, the passengers were not at fault in this accident. Third, the Regulations on Emergency Rescue, Investigation and Handling of Railway Traffic Accidents belong to administrative regulations. After the promulgation of Tort Liability Law, railway accident compensation should be adjusted by Tort Liability Law, not only because the new law is superior to the old law, but also because its legal effect is obviously higher than administrative regulations. The Regulations on Emergency Rescue, Investigation and Handling of Railway Traffic Accidents do not apply to railway casualty compensation, but should apply to the Contract Law, Tort Liability Law, the Supreme People's Court's Interpretation on Several Issues Concerning the Applicable Law in the Trial of Personal Injury Compensation Cases and the Supreme People's Court's Interpretation on Several Issues Concerning the Applicable Law in the Trial of Personal Injury Compensation Disputes in Railway Transportation.
The Regulation on Emergency Rescue and Investigation of Railway Traffic Accidents does have a problem in jurisprudence, that is, the limitation of passengers' liability for compensation. Passengers taking the train is a kind of commercial contract behavior, which emphasizes the principle of * * * taking risks, that is to say, passengers should take certain risks while enjoying transportation services, thus creating a system of limitation of liability for compensation. "This system exists not only in China, but also in other countries, but this compensation principle in China has been criticized as administrative monopoly".
Second, the scope of railway accident damage compensation
The scope of tort damages mainly includes 14, including medical expenses; Lost time; Nursing expenses; Hospitalization food allowance; Accommodation fee; Nutrition fee; Disability compensation; Disability AIDS; Necessary rehabilitation expenses, nursing expenses and follow-up treatment expenses actually incurred due to rehabilitation nursing and continuing treatment; Death compensation; Funeral expenses; Living expenses of the dependents; Compensation for mental damage; Direct loss of property (lost luggage). The most basic compensation items should include death compensation, funeral expenses, living expenses of dependents and spiritual comfort. According to the current Tort Liability Law, if many people die because of the same tort, the death compensation can be determined according to the same amount. "That is to say, the same life and the same price, whether it is high or not." The most basic compensation for disabled passengers should include medical expenses, lost time, nursing expenses, transportation expenses, accommodation expenses, hospital food subsidies and necessary nutrition expenses. Disabled, but also to pay disability compensation, disability AIDS, dependents living expenses. These expenses are different from passengers' injury status, original income status and degree of loss of work ability, and need to be analyzed in detail.
Three, how to calculate the compensation for mental damage in civil tort?
When determining the amount of damages, the following factors should be considered:
1, the degree of fault of the infringer, unless otherwise provided by law;
2, the means of infringement, occasions, behavior and other specific circumstances;
3. Consequences caused by infringement;
4. The profits of the infringer;
5. The economic ability of the infringer to take responsibility;
6. The average living standard in the seat of the Court of Appeal.
At present, there is no clear standard for reference, because the economic situation of the parties in various regions is inconsistent with the provisions of relevant local laws and regulations. So far, the amount can only be determined by the judge's subjective discretion based on the above factors.
The above is the content of the compensation standard for railway accident damage collected by Zhaofa. com。 I hope it helps your doubts. To sum up, the compensation standard for railway accident damage in China's laws is stipulated in special laws and regulations and has particularity. If you have any other legal questions, please consult a professional lawyer in Zhaofa.com. ..
Disclaimer: This work is the author's integration of laws and regulations, government official website and Internet-related knowledge. If the content is wrong, please contact to delete it through the complaint function.
Relevant laws
[1] Article 183rd of the Civil Code of People's Republic of China (PRC).
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If the victim's body is damaged, he can first reach an agreement with the other party and demand compensation for medical expenses, lost time, transportation expenses, accommodation expenses and other expenses. If negotiation fails, the victim may bring a lawsuit to the court and demand compensation from the other party.
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Compensation for Property Damage According to the Tort Liability Law, if the property of others is infringed, the property loss shall be calculated according to the market price at the time of the loss or by other means. If property losses are caused by infringing upon the personal rights and interests of others, compensation shall be made according to the losses suffered by the infringed; The loss of the infringer is difficult to determine, and if the infringer gains benefits from it, he shall be compensated according to the benefits obtained; It is difficult to determine the benefits obtained by the infringer, and if the infringer and the infringed party fail to reach an agreement on the amount of compensation and bring a lawsuit to the people's court, the people's court shall determine the amount of compensation according to the actual situation.
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Anyone who infringes upon others and causes personal injury shall compensate for medical expenses, nursing expenses, transportation expenses and other reasonable expenses for treatment and rehabilitation, as well as the income reduced due to missed work. If it causes disability, it shall also compensate the disabled for living AIDS and disability compensation.
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Hello, after a traffic accident, the responsibility determination is generally based on the traffic accident responsibility determination, and the traffic police will hand it over to the traffic accident responsibility determination. If there is any objection to the determination of responsibility, you can apply to the traffic police department at the next higher level for review and re-divide the responsibility. After the treatment of injury, you should first apply to a qualified judicial appraisal office for the appraisal of disability grade or lost time, nursing expenses and nutrition expenses. The specific grades of disability or lost time, breastfeeding time and nutrition time shall be subject to the appraisal results. If negotiation fails, both parties may bring a lawsuit to the people's court for settlement. If you have vehicle insurance, you will be fully compensated, and you will not bear any responsibilities, including medical expenses, lost time, nursing expenses, disability compensation, hospital food subsidies, transportation expenses, accommodation expenses, spiritual comfort, necessary nutrition expenses, living expenses of dependents, and so on.
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