The Determination Of The Scope Of Personal Injury Compensation In The Perspective Of The Interpretative Theory

Abstract:The people of the world have been brought into closer contact with each other. Number and category of damage have changed. This paper takes an ordinary traffic accident nanny fees, and rental fee damages as a clue, analize the Chinese regime of compensation for personal injury. That our civil law system modeled on the design of the German legislative model, but the design of the tort liability of the general clause is from the legislative mode of French broad type, as China’s legal system is unique, choice of legislative model of mixed type is bound to cause the legal system to be not harmonious. Design of general terms of tort liability in our country not only with permit requirements breach responsibility and tort responsibility concurrence of difficult to coordinate, meaning the broad meaning and narrow the scope of compensation does not adapt, so we must explore the reasonable interpretation of the general provisions of liability, thus coordinate with me our own legal system so as to play its real value.There are four parts.The first part gives the meaning and characteristics of the damage and personal injury through the analysis and study of the theory on the concept, and decide range of this question comment in the paper. Division of law on the damage to the damage and injury in fact, think deeply the characteristics and the connection between these two, and clearly will damage theory is divided from the injury in fact is the compensation damages, specific analysis method for determining the following compensation damages caused by.The second part, by comparison and refer to it expands the domain of vision. The specific method of compensation damages in tort law of France, Germany, Britain and the United States is introduced and contrasted in this paper, and give the define means of supplement damages and relationship with their legal system. At the same time with the means of qualify the scope of liability for damages in different countries to determine, first proposed the nanny fees, rental fee compensation request can obtain the legal support. In conclusion, although different countries approach to defining the scope of personal injury compensation is the same, even opposite, coordination of legal system, but generally with the country’s own therefore, obtained consistent results--not to compensate for babysitting fees, rental fee compensation request.The third part, the scope of our personal injury compensation determined for thinking about regression in China "tort liability act". To determine the general provisions of tort liability that one in our laws, reflecting on the features of Chinese general provisions of liability, the general clause is established by French law legislation mode, and points out the existing problems of the general rules. Then put in the interpretation of general provisions of liability and not in accordance with the method of French law, German law to explain the path must be used to ensure that the general provisions of China’s tort liability does not conflict with our legal. Finally, on the basis of the general stipulations of China’s tort duty, nanny fees, car fees can be compensated if zhu.The fourth part analyses the construction of specific methods of compensation damages which" can be filtered by our tort law, carry on the system analysis to the protection of tort law in the rights of the person, to support different personal rights loss and specific terms the incidental damages or compensation, scope of compensation for personal injury makes sure more maneuverability. The reason the system analysis babysitter car rental costs can not obtain compensation.