Calculation Method of Jinjiang District Mental Loss Fee
1、 Publicized data of Jinjiang District Statistics Bureau:
1. The per capita disposable income of the whole province in the previous year was 30679 yuan;
2. The per capita disposable income of urban households in the previous year was 43233 yuan;
3. The per capita disposable income of rural households in the previous year was 18672 yuan;
4. The per capita consumption expenditure of urban residents in the previous year was 27637 yuan;
5. The per capita consumption expenditure of rural residents in the previous year was 17199 yuan;
6. Average wages of employees in all industries and industries in the previous year (year/person):
(1) Agriculture, forestry, animal husbandry and fishery: 51569 yuan
(2) Mining industry 109757 yuan
(3) 75519 yuan for manufacturing industry
(4) Electricity, heat, gas and water production and supply industry 118284 yuan
(5) 60843 yuan for construction industry
(6) Wholesale and retail trade 64598 yuan
(7) 88324 yuan for transportation, warehousing and postal services
(8) 46370 yuan for accommodation and catering
(9) 130608 yuan for information transmission, software and information technology service industry
(10) Financial industry 108840 yuan
(11) Real estate industry 65487 yuan
(12) Leasing and business services 61967 yuan
(13) Scientific research and technical service industry 107257 yuan
(14) 60207 yuan for water conservancy, environment and public facilities management
(15) 46329 yuan for resident service, repair and other service industries
(16) Education 97249 yuan
(17) Health and social work 113655 yuan
(18) 70802 yuan for culture, sports and entertainment
(19) Public management, social security and social organizations 114027 yuan
2、 Calculation method of mental loss fee in Jinjiang District:
Mental loss expense:
It should be considered comprehensively according to the comforting and compensatory characteristics of mental damage compensation and the current situation of economic development in our province.
l、 Death caused by infringement:
The compensation for mental injury is death compensation.
The death compensation shall be calculated according to the average living expenses of the place where the court of appeal is located for 20 years;
For victims over 70 years of age, one year will be deducted for each additional year of age, but the minimum compensation period shall not be less than 10 years.
2. If a person is disabled due to infringement:
The compensation for mental injury is disability compensation.
The calculation formula of the specific compensation amount is: disability compensation=100000 yuan × disability grade coefficient × liability coefficient.
The upper limit of disability compensation is 100000 yuan. The number of years shall not be taken into account in calculating disability compensation.
(1) Grade coefficient of disability: Grade 1 disability is 1; Grade 2 disability is 0.9; By analogy, level 10 disability is 0.1.
(2) The liability coefficient shall be determined according to the size of the fault liability of the parties.
If the responsible person assumes full responsibility, the responsibility coefficient is 1; If half of the responsibility is assumed, the responsibility coefficient is 0.5.
If the means, circumstances and ways of infringement are particularly bad, the amount of disability compensation may be appropriately higher than the amount calculated by the above formula.
3. In joint infringement cases:
Regardless of the number of defendants, the amount of emotional damages that should be borne by multiple defendants should not exceed the above ceiling.
4. Infringement causes the death of the victim, or infringes upon the name, portrait, reputation, honor, body, remains, privacy of the deceased:
Regardless of the number of people claiming mental injury solace, the amount of mental injury solace that the defendant should bear should not exceed the above maximum limit.
