Top people court about trying statute of comfortable use of person damages case the explanation of a certain number of problems

(Court of top on December 4, 2003 people rules the 1299th times the conference passes committee)

　　The seventeenthThe victim suffers person to damage, because of,in order to is reached income of reductive of delay one's work, include medical treatment cost of cost, delay one's work, nurse the nutrient cost with accessorial cost, necessary food of cost, transportation expenses, accommodation cost, be in hospital, compensatory obligor ought to give compensation.

Because the victim hurts those who cause damage, because its increase the need on the life the essential charge of place defray and the income that because lose labor ability to guide,send loss, include assistor of disability compensation, deformity to have cost, be lived to expend by bring up life, and because rehabilitation nurses, continue to treat the necessary rehabilitation that happens actually cost, nurse cost, follow-up cure cost, compensatory obligor also ought to give compensation.

The victim dies, compensatory obligor is divided outside ought to treating a circumstance to recoup a relevant cost of a the first section provision according to rescue, still ought to compensate for funeral expenses, be compensated by living cost of bring up person, death the other and reasonable charge such as the traffic expenses that cost and victim relative deal with defray of mortuary matters concerned, accommodation cost and loss of delay one's work.

　　 The 18thVictim or the dead's close relative suffers spirit to damage, compensatory obligee requests to compensate for spirit to damage solatium to people court, applicable " top people court about determining blame of damages of civil tort spirit the explanation of a certain number of problems " confirm.

Spirit damages the request authority of solatium, must not concessive perhaps accede. But compensatory obligor has offerred money compensation with written way acceptance, perhaps compensate for the except that obligee has sued to people court.

　　 The 19thMedical treatment expends the gathering proof such as the medical expenses that issues according to medical establishment, hospitalization expenses, combinative medical records and the relevant evidence such as diagnostic proof are firm. Compensate for obligor to disagree to remedial necessity and rationality, ought to assume corresponding quote responsibility.

The compensatory amount that medical treatment expends, according to first instance court the produces actually number before the controversy is terminative decides. Organic function restores to train a necessary rehabilitation cost, proper face-lifting cost and other and follow-up cure to expend, compensatory obligee can be waited for after happening actually, sue separately. But the cost that medical treatment proves the basis or appraisal conclusion produces necessarily certainly, can give along with all the others with the medical treatment cost that has produced compensation.
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