Study On Limitation Of Action For Personal Injury Compensation

In the ninth chapter, the general provisions of the civil law of the people's Republic of China, which is newly published, provides the system of limitation of action. With the increasing awareness of human rights theory, more and more people begin to pay attention to their own legitimate rights and interests, especially the personal rights and interests which are closely related to life and health. When people's rights are violated,people usually choose to protect their own interests with legal weapons. The case of personal injury compensation is more and more common, and a variety of complex cases. And its relative, is China's current law on the limitation of personal injury litigation legislation is not complete.Specifically, the scope of application, the limitation of action, the length of the period of limitation and other issues have not been well resolved, so that the actual use exists many problems. This paper is to improve the system of limitation of action of personal injury compensation.The first chapter is its general description,from the value of the system, the characteristics and the regulations of existing laws. The starting point of the compensation for personal injury were introduced in the second chapter. Through the typical case reaction to the practice of judicial practice, introduces the objective standard, academic subjective standard and the exercise of the requesting right theory from several perspectives; and the experience of foreign legislation on the starting point,see more and more countries choose the date when people can use their rights in reality. At last, the legislation perfection of the limitation of action of personal injury affirms that it is from the time when the obligee can exercise the right. The third chapter introduces the personal damage limitation, from the perspective of judicial practice, and academic point of view on China's compensation for personal injury, which can be found in China's personal injury litigation limitation, the period is too short.It is not conducive to the protection of the rights, and the provisions of international compensation for personal injury during the period of limitation of action is generally longer. It is suggested that the limitation of action for personal injury compensation should be extended to 10 years, and the application of the maximum limitation of action shall be abolished for personal injury compensation. The fourth chapter introduces the application of the limitation of action on breach of contract and tort and lists the practice and theory of the concurrence of breach of contract and infringement. It is proposed that the limitation of action of personal injury compensation in breach of contract and tort should be integrated,because the difference between the two types of liability is not obvious. The fifth chapter lists the traffic accidents, environmental pollution, medical damage and sexual abuse of minors,which are special personal injury types, including:in the limitation of compensation for personal damages in the traffic accident, traffic accident damage compensation is introduced to determine the starting point, and for the subsequent loss of prescription calculation, it will be the start time of the period of limitation in after to determine the total loss.As for environmental pollution, it should be highlighted that the causality of environment tort is difficult to determine the impact of this matter on the limitation of action. Solution is it should be started from the right people be aware of the violation of the rights, and clearly know the perpetrators and determine the damage caused by it.For those that the incubation period is more than twenty years, the longest period of limitation of the environmental tort can not apply the system of limitation of action. The limitation of compensation for medical damage should be applied with the purpose of protecting the vulnerable groups of the patients in determining the starting point. Replace using "should know"to speculate with the standard refinement for damage from patients are diagnosed, and a causal relationship between the treatment and the medical institutions to determine the consequences of the damage occurred. As for juvenile sexual assault,the date should be by the age of 21 years old and divorced from the common family life.