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Applicable Case Hearing Disability Compensation Payments

Posted on:2014-06-24Degree:MasterType:Thesis
Country:ChinaCandidate:H Q ChouFull Text:PDF
GTID:2266330425458783Subject:Law
Abstract/Summary:PDF Full Text Request
In the case of personal injury compensation, the victim’s injuries extent disability rating criteria, the offender may request compensation for disability benefits as full or partial loss of the ability to work as a compensation. Disability compensation often involves judicial appraisal, computing standards, benefits and other issues. Based on the typical case analysis approach to case as the starting point for the process of disability compensation probe problems, legal logic and legal practice through analysis of the problem, put forward a sound proposal for disability compensation. This article is divided in seven chapters apply for disability compensation payments were discussed.The article is divided into two parts. The first part of the first chapter focuses primarily on the concept of disability compensation, nature and the theoretical doctrine. About the nature of disability compensation, a view that disability compensation is a property of the nature of damages, in addition to a view that is a spiritual nature damages. I believe that, at first by the laws of social development and understanding of the restrictions, the community and the legal profession will understand the nature of disability compensation have different views, but with the rapid development of the socialist rule of law and judicial reform continued to deepen, legal workers legal literacy and awareness levels continue to increase, as well as the emergence of moral damage pensions system, the nature of disability compensation is a property of the nature of damages.The second part is the remaining chapters. The second chapter describes the disability compensation for judicial appraisal, through case leads to judicial appraisal are not uniform, identification quantity, high cost and duration of the problem. I propose to do conciliation to reduce the number of identification, forensic charging standards and norms develop uniform criteria for the classification of disability recommendations to improve the disability compensation system.The third chapter describes the calculation of disability compensation standards, its problems are mainly applicable law difference between rural and urban areas and legalistic. This chapter theoretical discussion and case studies ways to use reasonable discretion difference between urban and rural areas and to cancel the proposal to improve the disability compensation applicable.The fourth chapter describes the succession disability compensation. This chapter case as the starting point, leads to the question of succession disability compensation, disability compensation can be further elaborated the question of succession.The fifth chapter describes the method of payment of disability compensation, there is a one-time payment of reparation heavier burden on the infringer to increase the victim’s complaint tired issues such lump sum and periodic payments through a combination of benefits to improve the way of compensation selection.The sixth chapter describes the management of disability compensation, especially for incapacitated victims compensation for disability issues how to manage and use, the author put forward their own ideas and improve disability compensation for advice.The seventh chapter describes the main implementation issues disability compensation, disability compensation as a kind of compensation for personal property property, whether it is from a social, personal and legal point of view, are not the subject of as execution.
Keywords/Search Tags:Judicial appraisal, Computing standard, Succession, Method of payment, Management, Implementation
PDF Full Text Request
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