Compensation standard for mental damage

Article 10 of the Supreme People's Court's Interpretation on Several Issues Concerning Determining the Liability for Compensation for Spiritual Damage in Civil Torts does not stipulate the calculation method and compensation limit of compensation for mental damage, and local courts have encountered some troubles in how to determine the specific amount of compensation in the examination and approval practice. In view of this situation, local courts have formulated specific provisions for the calculation of mental damage compensation according to the level of economic development and judicial practice in their respective regions. 1. Article 25 of the Guiding Opinions of the Higher People's Court of Anhui Province on Several Issues Concerning the Trial of Personal Injury Cases stipulates: (1) A citizen's personal rights and health rights have been slightly injured and does not support the obligee's request for compensation for mental comfort; (two) the general damage to the right to health of citizens does not constitute a disability level, and the amount of spiritual comfort is generally 1000 yuan to 5000 yuan; (3) If the damage to a citizen's physical rights and health rights has constituted a disability level, the amount of mental comfort can be determined in combination with the victim's disability level, which is generally not less than 5,000 yuan but not more than 80,000 yuan. (four) causing the death of citizens, the amount of spiritual comfort is generally not less than 50000 yuan, but the maximum is not more than 80000 yuan; If there are other special infringement cases in the case, the amount of spiritual consolation money may not be determined according to the above criteria. If the victim himself is at fault, the amount of spiritual consolation money shall be reduced according to the degree of his fault. 2. Article 85 of the Opinions of the Higher People's Court of Shandong Province on Several Issues Concerning the Trial of Personal Injury Compensation Cases stipulates that if the physical personality rights of natural persons, such as life, health and body rights, and the spiritual personality rights of natural persons, such as reputation rights, name rights, portrait rights, honor rights, personal dignity rights, personal freedom rights and privacy rights, are illegally violated, the spiritual interests of the victims are damaged. Where compensation for mental damage or compensation for mental damage (disability compensation, death compensation, compensation in other circumstances) is requested, the specific compensation standards are as follows: (1) compensation standards for mental damage, which are generally1000-3,000 yuan if the infringer is a natural person; Serious mental damage, the compensation standard is 3 thousand yuan -5 thousand yuan. (two) if the infringer is a legal person or other social organization, the compensation shall generally be five to ten times the compensation standard for citizens. If the infringer's tort is particularly bad, the victim's injury is particularly serious or the social impact is particularly great, the above compensation standard can be appropriately raised according to the actual needs, but it must be reported to the provincial court for review before the judgment. 3. Article 25 of the Opinions of the Higher People's Court of Fujian Province on Several Issues Concerning the Trial of Personal Injury Compensation Cases stipulates that according to the degree of subjective fault of the infringer, the means of infringement and the consequences caused by the infringement, the infringement is divided into general infringement, serious infringement and particularly serious infringement. (1) Compensation for mental damage caused by general infringement, with a discretionary judgment of 1 1,000 yuan-1 1,000 yuan; (2) Compensation for mental damage caused by serious infringement, with a discretionary judgment of 10000 -50000 yuan; (3) The compensation for mental damage caused by particularly serious infringement shall be judged at the discretion of more than 50,000 yuan and less than 65,438 yuan+1 million yuan. 4. Article 28 of Jiangsu Province's Guiding Opinions of Jiangsu Higher People's Court and Public Security Department on Handling Cases of Compensation for Traffic Accidents stipulates that if a victim or a close relative of the deceased who suffered mental damage due to a traffic accident requests compensation for mental damage from the traffic administrative department of the public security organ or the people's court that presided over mediation, the traffic administrative department of the public security organ and the people's court shall make a determination according to the Supreme People's Court's Interpretation on Several Issues Concerning Determining the Liability for Compensation for Mental Damage in Civil Torts. When determining the compensation for mental damage, it generally does not exceed 50,000 yuan. 5. Article 25 of the Notice of Beijing Municipality on Printing and Distributing Opinions on Several Issues Concerning the Trial of Personal Injury Compensation Cases stipulates that if the victim requests compensation for mental damage due to physical disability caused by infringement, he can give the first payment of comfort according to the physical and mental pain suffered by the victim, and the amount of payment can be determined according to the degree of disability and the degree of fault of the infringer. If the victim is disabled due to infringement, the amount of compensation is generally not more than 5 times of the average wage income of urban workers in our city last year. If the victim's body is generally injured, resulting in serious consequences, and it is really necessary to pay compensation for mental damage, the amount shall be reduced according to the circumstances that caused the disability. Article 26 stipulates that if a close relative of the deceased asks for death compensation on the grounds that the victim's death caused him mental pain, it should be supported. The amount of compensation can be determined according to the nature of the harmful behavior, the degree of fault of the harmer, the degree of pain suffered by the claimant and the relationship with the deceased, but generally it shall not exceed 10 times of the average wage of urban workers in our city last year. The close relatives of the deceased are limited to the spouse, parents and children of the deceased. If the spouse, parents and children of the deceased are absent, other close relatives who have formed the relationship of maintenance, support and maintenance have the right to claim death compensation. Article 27 stipulates that if the victim is also at fault for the occurrence of the damage accident, his liability for compensation, including liability for economic compensation and liability for mental damage, shall be reduced as appropriate according to the proportion of the fault of the injurer. 6. The Opinions of Sichuan Higher People's Court on Implementing the Supreme People's Court's Interpretation on Several Issues Concerning Determining the Liability for Compensation for Mental Damage in Civil Tort has determined the specific standards for the amount of compensation for mental damage, as follows: To determine the amount of compensation for mental damage, we should comprehensively consider the characteristics of soothing and compensatory compensation for mental damage and the current economic development situation of our province. At the same time, because of the difference between material personality right and spiritual personality right, we should also distinguish material personality right and spiritual personality right when determining the amount standard of mental damage compensation. (1) If the infringement causes death, the compensation for mental damage shall be death compensation. Death compensation is calculated according to the average living expenses of the court of appeal for 20 years; Victims over 70 years of age shall be one year less for each year of age, but the minimum compensation period shall not be less than ten years. The seat of the court of appeal refers to the county (district, city) where the basic people's court accepts the case. The average living standard should be based on the average living standard of urban residents published by the relevant government departments in the previous year, regardless of urban and rural areas. (2) If another person is disabled due to infringement, the compensation for mental damage shall be disability compensation. The upper limit of disability compensation is 100000 yuan. The calculation formula of the specific compensation amount is: disability compensation = 100000 yuan × disability grade coefficient × responsibility coefficient. When calculating disability compensation, the number of years should not be considered. Disability grade coefficient, 1 grade disability is1; Secondary disability is 0.9; By analogy, 10 disability is 0. 1. The responsibility coefficient is determined according to the fault responsibility of the parties. If the responsible person takes full responsibility, the responsibility coefficient is1; Take half the responsibility, and the responsibility coefficient is 0.5. If the means, circumstances and methods of infringement are particularly bad, the amount of disability compensation may be appropriately higher than the amount calculated by the above formula. Living allowance for the disabled and disability compensation are two different legal concepts. If the infringer causes serious mental damage to the victim due to the infringement, he shall not only bear the disability compensation, but also pay the living allowance for the disabled according to law. (3) If personal interests such as the right to name, portrait, reputation, honor, personal dignity, personal freedom, guardianship and privacy are infringed, the amount of compensation for mental damage shall, in principle, be within the range of 500 yuan to 50,000 yuan. In view of the differences in economic development in different parts of our province, local courts can determine the specific standards of compensation for mental damages for infringement of spiritual personality rights within the above scope, and judges can comprehensively determine the amount of compensation for mental damages that infringers should bear according to the six factors stipulated in Article 10 of the Interpretation. (4) Where a specific commemorative item with symbolic personality is permanently damaged or lost due to infringement, the standard for determining the amount of compensation for mental damage shall apply to the provisions of the preceding article. (5) For the purpose of obtaining economic benefits, the amount of compensation for mental damage is not limited by the above-mentioned maximum amount of 50,000 yuan, and the specific amount of compensation is determined according to the infringer's profit. (6) If the same tort infringes on the personality rights of two or more natural persons respectively, the infringer shall pay mental damages to the victims respectively according to the compensation standards determined in this opinion. (7) In the infringement case of * * *, no matter how many defendants there are, the amount of compensation for mental damage that should be borne by multiple defendants * * * cannot exceed the above-mentioned maximum limit. (8) If the tort causes the death of the victim, or infringes on the name, portrait, reputation, honor, remains, bones and privacy of the deceased, no matter how many people claim compensation for mental damage, the amount of compensation for mental damage that the defendant should bear cannot exceed the above-mentioned maximum limit. (9) In the case that the division of sound responsibility in the court of first instance is correct, the court of second instance and retrial should not change the amount of compensation for mental damage determined according to this opinion. According to media reports, the Supreme Court of Sichuan Province issued the Opinions on Several Issues Concerning the Application of Mental Damage Compensation by the Compensation Committee of the People's Court in the Trial of State Compensation Cases, pointing out that the specific amount of mental damage compensation determined by the Compensation Committee of the People's Court in principle does not exceed 35% of the total compensation for personal freedom and life and health, and the lowest is 1000 yuan. Seven, Shaanxi Province, "Judicial Committee Judicial Work Meeting Minutes" stipulates: (1) If a person dies, the amount of mental compensation is generally not less than 1000 yuan, and the maximum is not more than 20,000 yuan; (2) If personal injury is caused, the amount of compensation for mental damage is generally not less than 1000 yuan, and the maximum is not more than 20,000 yuan; (3) If people suffer mental damage due to civil infringement, resulting in serious consequences, the mental consolation money can be divided into four levels: level I, 15000 to 20000 yuan; Grade II, 10000 to 15000 yuan; Level 3, 5000 to 1000 yuan; And level 4, 100 yuan. If it is still not enough to comfort the parties within the above-mentioned maximum limit, the amount of compensation can be decided within the range of 20 thousand yuan to 50 thousand yuan after discussion and decision by the judicial Committee of the hospital. 8. Article 20 of the Guiding Opinions of Chongqing Higher People's Court on Determining the Amount of Compensation for Infringement of Intellectual Property Rights stipulates that in the following circumstances, the obligee may request compensation for mental damage: (1) cases of infringement of the personal rights in the copyright of natural persons, including the rights of publication, signature, modification and protection of the integrity of works; (2) Infringement of the personal rights of performers in the neighboring rights of natural persons' works, including the identification of performers and the protection of performers' images from distortion. Article 21 stipulates that the people's court should comprehensively consider the following factors to decide whether to apply for compensation for mental damage: (1) whether it has seriously violated the will of the obligee; (2) Whether the spirit of the obligee's present work has been seriously distorted; (three) whether it has a great negative impact on the reputation and social evaluation of the obligee; (four) whether the infringer has obtained a greater reputation or economic benefits. (5) Other circumstances that seriously damage the spiritual interests of the obligee. Article 22 stipulates that the people's court shall reasonably determine the amount of compensation for mental damage according to the popularity of the obligee, the popularity and value of the work, the local social and economic situation, the degree of fault of the infringer, the circumstances of infringement, the scope of influence and other factors. The amount of compensation for mental damage generally does not exceed 654.38+10,000 yuan. Article 23 stipulates that the obligee may file a lawsuit for compensation for mental damage alone or together with compensation for property rights damage. In the latter case, if the obligee lists compensation for mental damage as an independent claim, the people's court shall separately determine the amount of compensation for the claim. 9. The Summary of the Symposium of Guangdong Higher People's Court on Several Issues Concerning the Application of Compensation for Mental Damage in State Compensation clearly stipulates the amount of compensation for mental damage, as follows: (1) The amount of compensation for mental damage shall be determined according to the length of deprivation of personal freedom and other damages or losses: (1) less than 20 days, less than 1000 yuan; If the consequences of mental damage are particularly serious, it shall be less than two thousand yuan. (2) more than twenty days, less than two months, less than three thousand yuan; If the consequences of mental damage are particularly serious, it shall be less than 5,000 yuan. (3) More than two months, less than three months and less than ten thousand yuan; If the consequences of mental damage are particularly serious, it shall be less than 30 thousand yuan. (4) More than three months, less than one year and less than 20,000 yuan; The consequences of mental damage are particularly serious, less than 50 thousand yuan; (5) More than one year and less than three years, less than 50,000 yuan; If the consequences of mental damage are particularly serious, 10 million yuan or less; (6) More than three years, less than five years and less than one hundred thousand yuan; The consequences of mental damage are particularly serious,150,000 yuan or less; (7) more than five years, less than ten years, less than one hundred and fifty thousand yuan; If the consequences of mental damage are particularly serious, it shall be less than 200,000 yuan; (8) more than ten years, less than two hundred thousand yuan; If the consequences of mental damage are particularly serious, it shall be less than 300,000 yuan; (2) If the injured person is seriously injured, disabled or dead, it can be determined below 300,000 yuan, regardless of the length of time the injured person lost his personal freedom. Ten, Yunnan Higher People's Court of Yunnan Province "Meeting Minutes on Several Issues Concerning the Trial of Personal Injury Compensation Cases" stipulates the scope of damages, and the amount of compensation for spiritual comfort is generally not more than 50,000 yuan, and it is 6,543,800 yuan under special circumstances. 1 1. Article 30 of the Guiding Opinions of the Higher People's Court of Henan Province on Several Issues Concerning Current Civil Trials stipulates that if a natural person's right to life is violated, the compensation for mental damage is called death consolation money; Those who infringe upon the right to health of natural persons and become disabled are called disability pension; those who infringe upon the right to health of natural persons but are not disabled, and those who infringe upon the rights or legal interests of other natural persons and need to pay compensation for mental damages are collectively called mental consolation money; The amount of spiritual consolation money should be determined according to the provisions of the Interpretation of the Supreme People's Court on Several Issues Concerning Determining the Liability for Compensation for Spiritual Damage in Civil Tort, and according to the fault of the infringer, the plot, influence and consequences of the infringement, the degree of mental damage caused to the victim, the specific social conditions of both parties and the attitude of the offender to admit his mistake. If the natural person's right to life is infringed, the reference for death consolation money is between 5,000 yuan and 65,438+10,000 yuan. If the infringement of the natural person's right to health causes disability and the victim completely loses the ability to work, the amount of compensation for mental damage shall be determined as appropriate by referring to the infringement of the natural person's right to life, and the amount of compensation for mental damage shall be determined as appropriate below 50,000 yuan. Infringement of natural person's right to name, portrait and reputation; The amount of compensation for reputation, privacy and mental damage is less than 20,000 yuan.