Analysis Of Several Legal Problems Of Chinese Personal Injury Compensation Standard

The problem of personal injury compensation standard is a very important problemnot only in theory but also in judicial practice. For a long time, Chinese personal injurycompensation system is not perfect, and now there is much legislation, besides that, thestandard of compensation is not reasonable, even there are lots of phenomena that the samelife but has different price and this is not conducive to social stability. In order to maintainthe unity of the legal system and realize the judicial justice, it is immediate to formulate thescientific and reasonable personal injury compensation standard. At first, this paperchooses the basic theory of personal injury compensation standards as the breakthroughpoint and look for the legal basis of "Constitution" on personal injury compensationstandard, which is the effect of human rights and the right of equality to personal injurycompensation standard; and then analyses the legislative situation and existing problems ofChinese personal injury compensation standard from the four aspects: the compensationstandard of conventional project, the compensation standard of causing disability, thecompensation standard of causing death, the compensation standard of mental damage; Atlast, I put forward legislative proposals of the reasonable but differentiable deathcompensation standard and three grades of the compensation standard of mental damage.