人身损害赔偿金在婚姻财产中的界定

On the Definition of Compensation for Personal Injury in Marital Property

婚姻关系中的受害人所取得的人身损害赔偿金,应该属于夫妻一方的个人财产,还是应归属夫妻共同财产。从我国现有的有关法律规定看,人身损害赔偿金笼统地划归为夫妻的个人财产,其缺陷甚为明显。美国的立法和司法实践经验,在这一问题上无疑为我们提供了很好的参考借鉴。根据权利义务相一致原则,人身损害赔偿金除与受害人人身紧密相关的精神抚慰金、伤痛补偿金、残疾赔偿金外,其余赔偿费用如误工费、护理费、交通费、住宿费、住院伙食补助费、必要的营养费、医疗费、残疾辅助器具费等应该为夫妻的共同财产。

There still exist disputes over the issue whether the compensation for personal injury gained by the victim in marital relations belongs to the personal property of the wife or the husband or the common property of both. From the stipulation of the current laws, the compensation for personal injury is generally classified as the common property of the couple and this kind of practice has obvious defects. The legislation and judicial practice in America is worth learning. According to the principle that rights are equated with responsibilities, the compensation closely related to the personal injury of the victim such as mental injury solatium, suffering and pain solatium and disability compensation belongs to the personal property of the wife or the husband while the compensation such as charges for loss of working time, nursing care charges, communication expenses, accommodation expen- ses, etc. all belongs to the common property of the couple.