Sihai network

How to calculate the death compensation for the victims of traffic accidents? What is the general am

1. Determination of the nature of death compensation

The interpretation of compensation for personal injury gives up the position that the interpretation of compensation for mental damage (No.7 [2001]) adopts the "theory of loss of custody" to explain death compensation, but uses the "theory of loss of inheritance" to explain the death compensation system in relevant laws and regulations of our country. According to this new position, the content of death compensation is compensation for the loss of the receiver, whose nature is compensation for property damage rather than compensation for spiritual damage.

2. Specific calculation of death compensation

The death compensation shall be calculated according to the standard of disposable income per capita of urban residents or net income per capita of rural residents in the last year where the court is located, and shall be calculated as 20 years. However, if the age is over 60 years old, one year will be reduced for each increase of one year old; if the age is over 75 years old, five years will be calculated. The specific calculation formula is:

(1) death compensation (for persons under 60 years old): the disposable income per capita of urban residents or the net income per capita of rural residents in the last year of the place where the court is located & times; 20 years;

(2) death compensation (for persons over 60 years old): the per capita disposable income of urban residents or the net income of rural residents in the last year of the place where the court is located & times; (20 years - increase of age);

(3) death compensation (for persons over 75 years old): five years of disposable income per capita of urban residents or net income per capita of rural residents in the last year where the court is located.

3. Compensation standard for the living expenses of the dependants

In the past, the standard of compensation for the living expenses of the dependants was the standard of subsidy for living difficulties or the standard of basic living expenses. The former was only tens of yuan per month, while the latter was actually the minimum standard of living security for urban residents, which was only two or three hundred yuan per month. The interpretation of compensation for personal injury stipulates that the standard of per capita consumption expenditure of urban residents and per capita annual consumption expenditure of rural residents is adopted, which also reflects the consistency of compensation and damage. At the same time, the interpretation of compensation for personal injury stipulates that if the dependant is a minor, it shall be calculated as 18 years old, and one year shall be reduced for each additional year of age over 60; if the dependant is over 75 years old, it shall be calculated as 5 years. This is also different from the "calculation of minors to the age of 16" stipulated in the measures. For the age under 50, one year will be reduced for each year of increase. For the age over 50, five years will be calculated. '

Specific calculation formula:

(1) living expenses of the dependant (minor) = disability level (100% for level 1, 10% for level II, and so on, 100% for death) & times; per capita consumption expenditure of urban residents and per capita consumption expenditure of rural residents in the last year in the place of the court of appeal (18 years old);

(2) the living expenses of the dependants (those without the ability to work and other sources of living) = disability level (Level 1 is calculated at 100%, level 11 is reduced by 10%, others are calculated at 100%, and so on) & times; per capita consumption expenditure of urban residents and per capita annual consumption expenditure of rural residents in the last year in the place of the court of appeal & times; 20 years;

(3) the living expenses of the dependant (over 60 years old) = disability level (100 for level 1, 10% for level II, and 100% for death, etc.) & times; per capita consumption expenditure of urban residents and per capita annual living consumption expenditure of rural residents in the last year in the place where the court is located (20 years - increase of age);

(4) the living expenses of the dependant (over 75 years old) = disability level (100% for level 1, 10% for level II, and so on, 100% for death) & times; per capita consumption expenditure of urban residents and per capita annual living consumption expenditure of rural residents in the last year in the place where the court of appeal is located & times; 5 years.

4. Compensation standard for funeral expenses

The funeral expenses shall be calculated on the basis of the average monthly wage of the employees in the place where the court is located in the previous year, and the total amount of six months. If the death of the victim is caused by personal injury, no matter how different the victim's occupation, identity, work, gender, age, etc., or whether he lived in the town or in the countryside before his death, when it comes to the issue of paying funeral expenses, there is no longer any difference, the same standard shall be applied for determination.