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Compensation Standard for Mental Loss in Qujiang District

Compensation for mental damages is a new civil legal system established in China with the promulgation and implementation of the General Principles of the Civil Law, and it is an expansion of the rights and interests of Chinese citizens. Spiritual damage compensation is a kind of civil liability that the right subject requires the infringer to pay compensation because his personal rights and interests are wrongly infringed and he suffers mental pain or mental damage. It is an important part of the modern civil law damage compensation system. The amount of compensation for mental damages is determined according to the extent of the infringer's fault, the means of infringement, the occasion, the act, and the result. The amount of compensation for mental damages in Qujiang District shall also be determined according to the relevant statistical data of the previous year published by the government statistics department. Therefore, when calculating the amount of compensation for mental damages in Qujiang District, the parties concerned should check relevant data to determine the calculation standard of compensation items.

Compensation Standard for Mental Loss in Qujiang District

1. The determination of the amount of consolation money for mental damage shall be based on the length of time of loss of personal freedom and in combination with other damages or losses:

(1) Up to 1000 yuan for a maximum of 20 days; If the consequences of mental damage are especially serious, it shall be less than 2000 yuan.

(2) Not more than 20 days and not more than two months, not more than 3000 yuan; If the consequences of mental damage are especially serious, it shall be less than 5000 yuan.

(3) Not more than two months and not more than three months, less than 10000 yuan; If the consequences of mental damage are especially serious, it shall be less than 30000 yuan.

(4) Less than 20000 yuan if it is more than three months and less than one year; If the consequences of mental damage are especially serious, it shall be less than 50000 yuan;

(5) Not more than one year and not more than three years, not more than 50000 yuan; If the consequences of mental damage are especially serious, the amount shall be less than 100000 yuan;

(6) Not more than three years and not more than five years, not more than 100000 yuan; If the consequences of mental damage are especially serious, it shall be less than 150000 yuan;

(7) Not more than five years and not more than ten years, not more than 150000 yuan; If the consequences of mental damage are especially serious, it shall be less than 200000 yuan;

(8) If it has been more than ten years, it shall be less than 200000 yuan; If the consequences of mental damage are especially serious, the amount shall be less than 300000 yuan;

2. Causing serious injury, disability or death of the injured person:

It can be determined below 300000 yuan without being limited by the length of time the injured person loses personal freedom.

3. The consequences of mental damage are particularly serious, and compensation within the above specified limit is still not enough to comfort the mental damage of the injured person, and it is necessary to determine the consolation payment above the limit:

It shall be reported to the provincial competent department.

Qujiang District Mental Loss Compensation Project

Mental loss expense (mental damage solace)

Calculation Method of Qujiang District Mental Loss Fee

1、 Publicized data of Qujiang District Statistics Bureau:

1. The per capita disposable income of the whole province in the previous year was 47065 yuan;

2. The per capita disposable income of urban households in the previous year was 56905 yuan;

3. The per capita disposable income of rural households in the previous year was 23598 yuan;

4. The per capita consumption expenditure of urban residents in the previous year was 36936 yuan;

5. The per capita consumption expenditure of rural residents in the previous year was 20800 yuan;

6. Average wages of employees in all industries and industries in 2024 (year/person):

(1) Agriculture, forestry, animal husbandry and fishery: 77837 yuan

(2) Mining industry 187947 yuan

(3) 92303 yuan for manufacturing industry

(4) Electricity, heat, gas and water production and supply industry 164727 yuan

(5) Construction industry 83706 yuan

(6) Wholesale and retail trade 104679 yuan

(7) Transportation, warehousing and postal services 121907 yuan

(8) 54516 yuan for accommodation and catering

(9) Information transmission, software and information technology service industry 213031 yuan

(10) Financial industry 202771 yuan

(11) Real estate industry 100580 yuan

(12) 98762 yuan for leasing and business services

(13) Scientific research and technical service industry 171581 yuan

(14) Water conservancy, environment and public facilities management industry 80231 yuan

(15) 67286 yuan for resident service, repair and other service industries

(16) Education 136671 yuan

(17) Health and social work 175780 yuan

(18) 132893 yuan for culture, sports and entertainment

(19) Public management, social security and social organizations 164533 yuan

2、 Data released by Shenzhen Municipal Bureau of Statistics:

1. The per capita disposable income of Shenzhen urban households in the previous year was 70847 yuan;

2. The per capita consumption expenditure of Shenzhen urban residents in the previous year was 46286 yuan;

3. Last year, the average annual salary of on duty employees in Shenzhen was 235268 yuan

3、 Data released by Zhuhai Municipal Bureau of Statistics:

1. The per capita disposable income of Zhuhai urban households in the previous year was 64234 yuan;

2. The per capita consumption expenditure of Zhuhai urban residents in the previous year was 43957 yuan;

3. Last year, the average annual salary of on-the-job employees in Zhuhai was 209679 yuan

4、 Data released by Shantou Municipal Bureau of Statistics:

1. The per capita disposable income of urban households in Shantou last year was 35601 yuan;

2. The per capita consumption expenditure of Shantou urban residents last year was 25268 yuan;

3. Last year, the average annual wage of on duty employees in Shantou was 106954 yuan

5、 Calculation method of Qujiang District mental loss fee:

1. The determination of the amount of consolation money for mental damage shall be based on the length of time of loss of personal freedom and in combination with other damages or losses:

(1) Up to 1000 yuan for a maximum of 20 days; If the consequences of mental damage are especially serious, it shall be less than 2000 yuan.

(2) Not more than 20 days and not more than two months, not more than 3000 yuan; If the consequences of mental damage are especially serious, it shall be less than 5000 yuan.

(3) Not more than two months and not more than three months, less than 10000 yuan; If the consequences of mental damage are especially serious, it shall be less than 30000 yuan.

(4) Less than 20000 yuan if it is more than three months and less than one year; If the consequences of mental damage are especially serious, it shall be less than 50000 yuan;

(5) Not more than one year and not more than three years, not more than 50000 yuan; If the consequences of mental damage are especially serious, the amount shall be less than 100000 yuan;

(6) Not more than three years and not more than five years, not more than 100000 yuan; If the consequences of mental damage are especially serious, it shall be less than 150000 yuan;

(7) Not more than five years and not more than ten years, not more than 150000 yuan; If the consequences of mental damage are especially serious, it shall be less than 200000 yuan;

(8) If it has been more than ten years, it shall be less than 200000 yuan; If the consequences of mental damage are especially serious, the amount shall be less than 300000 yuan;

2. Causing serious injury, disability or death of the injured person:

It can be determined below 300000 yuan without being limited by the length of time the injured person loses personal freedom.

3. The consequences of mental damage are particularly serious, and compensation within the above specified limit is still not enough to comfort the mental damage of the injured person, and it is necessary to determine the consolation payment above the limit:

It shall be reported to the provincial competent department.

The compensation standard for mental damages in Qujiang District will be updated in 2024. It will be sorted out from government websites, media and other public publications. If the content is wrong, please call the national customer service hotline 400-64365-60.

The above compensation standards are for reference only. Recommended for you: Lawyer of Qujiang District

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