司法实践中的残疾辅助器具费研究

On the Cost of Disability Equipment in Judicial Practice

残疾辅助器具费在司法实践中赔偿数额巨大,但相关法规粗略,故在司法实践中争议颇大。其争议焦点有三:一是支付残疾辅助器具费的年限;二是普通适用型残疾辅助器具合理费用的界定;三是支付残疾辅助器具费后是否还应支付定残后的护理费。针对争议焦点提出解决对策,同时对残疾辅助器具费的立法沿革和理论依据进行阐述。

The cost of disabled auxiliary appliance is dramatic in judicial practice, but the relevant laws and regu-lations are rough and it is quite controversial in the judicial practice. There are three controversies： the first is the pay fixed number of year of the disabled equipment costs, the second is how to define the general disability equip- ment reasonable cost, the third is if it is to pay residual fees after paying disabled auxiliary appliance fee. In this paper, the controversial focus is given to solve, and the disability legislation evolution and the theory basis for aux-iliary appliance is discussed.