论致人残疾赔偿的立法依据

The Legislation Grounds of the Compensation for Disabling Others

构建一合理的致人残疾赔偿制度首先面临的是立法依据的取舍。我国实际所采的是生活来源丧失说 ,该立法依据对受害人的保护是不充分的。根据我国现阶段的国情 ,并参照国外的立法体例与学说 ,我国致人残疾赔偿的立法体例与学说 ,我国致人残疾赔偿的立法依据应采劳动能力丧失说。

To establish a reasonable compensation system for disabling others, we are first faced with the choice of legislation grounds. And the theory of the loss of personal income adopted by our country can't fully protect the victims. According to our present national conditions and with the reference to foreign legislation system and theory, the author concludes that the legislation grounds of compensation for disabling others in our country should be the theory of the loss of ability to work.