[Reprinted] Can a spouse, as a dependent in a traffic accident, get the living expenses of the dependent?

On 20 12, our lawyer represented a traffic accident case. The facts of the case are clear, but the victim, the offender and the court have different views on whether the spouse can become a dependent. In order to convince the court, as the victim's attorney, I consulted a large number of cases and materials and found that there are different precedents and different opinions. After that, the lawyer wrote a special proxy statement on this issue, expressing the opinion that the spouse can act as the agent of the dependent under certain conditions, which was supported by the effective judgment of the court. The following are excerpts from some institutions' opinions for your reference. I hope you can correct and improve them: 1. Theoretically, it is possible and reasonable for a spouse to meet certain conditions as a dependent. Traffic accident is a typical tort, and the scope of compensation for damage caused by traffic accident should be determined by the scope of damage facts caused by tort, that is, following the principle of compensatory compensation. If the spouse mainly relies on the victim to provide financial and living support before the victim dies, then the victim's death is a loss to the spouse, that is, the spouse loses the right to be provided with financial support. In this case, if she is not given the right to claim compensation for economic losses from the infringer, she will be in a real dilemma without financial support, so this practice is unfair to her spouse and does not reflect the principle of tort liability compensation. Therefore, in order to embody the principle of compensation and realize the function of legal adjustment and restoration of social relations, the traffic accident law and judicial practice should give eligible spouses the opportunity to be dependent and provide help and convenience for the realization of this opportunity. Second, the spouse who meets certain conditions is the external legal basis for the dependents. Article 21 of the Marriage Law stipulates that husband and wife have the obligation to support their children and parents, and article 20 also stipulates that husband and wife have the obligation to support each other. When one party fails to perform the maintenance obligation, the party in need of maintenance has the right to ask the other party to pay the maintenance fee. It can be seen that the maintenance obligation between husband and wife is also legal, and a lawsuit for payment can be generated based on this. Although "Marriage Law" doesn't clearly stipulate the situation of "needing support" at this stage, it can be supported according to the situation of each case in trial practice to reflect fairness and justice. Article 39 of the Regulations on Work-related Injury Insurance (20 1 1) clearly stipulates that: "(2) The dependent relatives' pension is paid to the relatives who have provided the main source of livelihood and are unable to work before the death of the employee. The standard is: spouse 40%, other relatives 30%, widowed elderly or orphans 10%. The total approved pension of dependent relatives should not be higher than the salary of employees who died at work. The specific scope of supporting relatives shall be stipulated by the administrative department of social insurance of the State Council. Article 2 of the Provisions on the Scope of Dependent Relatives of Workers who Died at Work (issued by the Ministry of Labor and Social Affairs in 2003) defines the scope of dependent relatives, that is, the term "dependent relatives of workers who died at work" as mentioned in these Provisions refers to their spouses, children, parents, grandparents, grandparents, grandchildren and brothers and sisters. Judging from the above-mentioned peripheral legal provisions, under certain conditions, the spouse can be a dependent and has the right to receive maintenance. Third, a spouse who meets certain conditions becomes a special legal basis for being a dependent in a traffic accident. Some people think that because the compensation for traffic accident damage is stipulated by special legislation and judicial opinions, the marriage law and the industrial injury insurance regulations are not the direct or legal basis for whether a spouse can become a dependent. Whether a spouse can become a dependent should be determined according to the existing laws, regulations and judicial interpretations that specifically regulate traffic accident compensation. In our view, the provisions specifically regulating traffic accident compensation also clearly affirm that spouses who meet certain conditions can get the living expenses of their dependents. The specific reasons are as follows: as a dependent in a traffic accident, he needs to meet the conditions stipulated in the second paragraph of Article 28 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Personal Injury Compensation Cases, that is, 1, and the victim should bear the obligation of support according to law; 2. Minors or adult close relatives who have lost their ability to work and have no other source of income. And the scope of close relatives, in "the Supreme People's Court on the implementation of.