人身损害赔偿标准研究

On Compensation Standard of Physical Injury

人身损害赔偿数额的确定是侵权人和受害人之间的一场难以协商的博弈,受害人总是希望能通过赔偿取得更大的利益。相反,加害人总是希寄以最小的数额赔付解决人身损害赔偿问题。然而,国家以法的形式对人身损害赔偿标准所作的规定却引发了法学界的激烈论战。对人身损害赔偿标准进行法理与实务上的分析,肯定其存在的必要性与合理性,解析我国现行有关人身损害赔偿标准的法律法规中的不足,显然才是科学的。

Settlement of the amount of physical injury is almost a nonnegotiable consultation between the infringer and aggrieved party. The aggrieved party always tries to get more benefits through the compensation. On the contrary, the infringer hopes that he can solve the problem in the situation that his benefits will face the least damage. However, the emergence of the compensation standard of physical injury has resulted in a fierce debate in the circle of jurisprudence. Obviously, it is more scientific to analyze the existence of the compensation standard in the legal theoretical and actual point of view, admit the standard and approve the necessity and rationality of its existence. Under this circumstance, to understand and analyze the deficiency of the current laws or rules in our country which are related to standard is more helpful to formulate a better standard.