Valuation of life
Valuation of life
Before and after the 2009 National Day, a number of sensational news, we point to the valuation of life: Chongqing "strike" due to the death of overworked police officers, their families received more than 100 million pension; in Sichuan, "drunk driving case" in the the first instance of the Sun Weiming sentenced to death for "a sincere repentance performance", the Court of Final sentences commuted to life imprisonment; while in the "open-chest lung inspection" event, the parties eventually compensated 615,000 yuan.
Sun Weiming's "sincere repentance" the actual performance of active fund-raising compensation for the families of victims, compensation amount raised before and after the three times 111.4 million in compensation to the three affected families. Life is priceless, in any one country's laws will not be loss of property on behalf of families of the victims be compensated. However, as an indirect victims, the families of physical and spiritual indeed suffered great losses, compensation and will have a valuation basis. One of the bases, because the victim lost the ability to work, indirectly raising the victim lost the source of this part of the future income needs to take the perpetrators. The basis of the two, the Supreme Court in the "trial personal injury compensation cases on the law applicable to the interpretation of a number of issues," there is a principle of the provisions of compensation for death according to the last seat of the Court by the v. annual per capita income criteria, a total of 20 years. Obviously, to 1.114 million yuan compensation for three families fails to meet even the minimum statutory standards.
Compensation to 20-year period, more than the standard really is Hangzhou "drag racing case." Parents, families of the victims the perpetrators to give 1.13 million yuan in compensation, which includes material damages of more than 60 million, a subsistence allowance for more than 40 million and 10 million in damages the spirit. For mental damages, the original families of the victims that 30 million yuan, 100,000 yuan only recognizes those responsible parents. However, this compensation for the emergence of the project has been very rewarding, because the spirit of the compensation has not been a clear legal basis. More than 40 million living allowance payments, according to party lawyers say the incident reflects the responsible party of the "sincerity", as indirect victims were adults, able-bodied, and normally can not be dependents living in compensation. Perhaps because it is rich incident, in the face of strong public opinion, they had to demonstrate, but also have the ability to show "sincerity", the valuation of a life that they will not look so shabby. In the ensuing Hangzhou "wine driving case", the parties to reach 63.8 million to the families of the compensation agreement, 26 million is a voluntary offer of compensation the families of the perpetrators, "sincerity" seems to have become the most prone to accident compensation words. There is no "sincerity" on the families of the victims can not get a letter of understanding, it is for this reason, Sun Weiming's family after the first trial demonstrated sufficient "good faith."
Only the rich, people's value can be reflected in the price. This sentence may be cruel, but it is a fact. In April 2009, Taiwan Taipei, a site from the 37-story crane boom crashed, Zazhong the tour bus carrying Chinese tourists, killing three people were killed, contractors, 7.5 million yuan compensation for each victim NT co-yuan more than 180 million yuan. Last year, South Korea Gyeonggi-do Icheon explosion occurred in cold storage, there are 12 Chinese citizens were killed, the victims families and the cold side on the compensation payments to reach the final agreement, the families of the victims will receive 145 million to 480 million won in compensation the per capita compensation up to 2.4 billion won, according to the prevailing exchange rate, equivalent to 1.95 million yuan. To China Taiwan and South Korea's per capita income levels to measure, so that the amount of compensation is also the equivalent of 20 years of income.
It is said that the death of the Chinese people in South Korea is essentially unregulated, but the South Korean enterprises in the compensation process, has not entanglement of their legal status, but its the same as ordinary citizens. In our case, only a few exceptions show the law of "mercy", for example in 2009, Wuxi Xishan court a traffic accident compensation case, Anhui, and wage workers get the location of the Shanghai people, "the same fate with the price" treatment, 4 of the families received compensation of 230 million. If 4 people are not working the way home in the accident, I am afraid the result is another. In here, in addition to regional differences, differences between urban and rural areas, but also with civil aviation and rail systems, delineation of life and property of 400,000 yuan and 15 million limit, the National has been artificially limited to a national wealth disproportionate low price.
The United States and other countries for life-denominated first in ideas. In Germany, indirect or even no compensation for the victims, here embodied in the welfare society of equality for all assistance. In the United States, in order to "9.11" gratuity payments to families of victims to develop a detailed compensation complex approach, which is the first large-scale money the U.S. government to measure people's value, while the past, it was for life insurance companies valuation. Pensions were two types of compensation for non-economic and economic losses, the former including mental pain and emotional harm, each family receive 250,000 U.S. dollars, the spouse and children victims of 50,000 U.S. dollars per person separately; economic loss compensation is based on the deceased's age, lifetime income, the number of people support calculated separately. Since the incident there were a large number of young professionals were killed, the economy was part of the average compensation amounted to 160 million U.S. dollars. U.S. Federal Environmental Protection Agency (EPA) and even gives an annual value of life, the "statistical value of life," Every year is different from last year, 690 million U.S. dollars. To date, the maximum pension in the Lockerbie air disaster, the total compensation of 2.7 billion U.S. dollars, each the families of the victims compensated 10 million U.S. dollars.
With the 6 trillion yuan of tax revenue, the Government have the ability to contribute to public servants to provide a rather generous pensions; with a large contingent of the rich, their generous "sincerity" has moved families of the victims. I hope the sincerity of that will benefit from the powerful groups in the law so that more lives be respected.