2011•Journal of Henan University of Science & TechnologyRequires access
Opinion on Article Sixteen of Torts——Interpretation on Compensation for Disabled Damages and Death Damages
Xia Cong-jie
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Abstract
Article 22 of Torts provides compensation for mental loss,and article 16 provides compensation for disabled damages and death damages,but this article does not regulates the inquiry of aintenance payment for the mainteneer.Because compensation for disabled damages and death damages belong to compensation for mental loss in nature,they may not coexist with compensation for mental loss;although compensation for disabled damages and death damages are different from maintenance payment in nature,it seems to be coexisted in theory,but because compensation for them adopt standard of compensation for future benefits available,relief for the victims and the family should reach the level as if damage is not arised.Therefore, compensation for disabled damages and death damages and maintenance payment should not coexist.