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《Annual of China Maritime Law》 2010-04
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A personal perspective of determining calculation standard pursuant to principle of "on the basis of the published statistical data of the last year to the end of debate of trial of the first instance" in cases on compensation for personal injury

GUO Jun-li(Qingdao Maritime Court,Qingdao 266061,China)  
With regard to provisions of Interpretation of the Supreme People's Court on Some Issues Concerning the Application of Law for the Trial of Cases on Compensation for Personal Injury stipulating that relevant data in cases on compensation for personal injury shall be determined according to the "relevant statistical data of the last year",in light of trial practice,this paper is made to analyze the instability of such standard in practice in terms of the two key points,both "end of debate" and "trial of first instance".Furthermore,this paper has a further analysis of the consequences caused by determining compensation in accordance with such standard,including additional litigation costs,unfairness for the obligor to compensation and parties' inaccurate expectation of the outcome of the case.A perspective that the relevant data in cases on compensation for personal injury shall be determined according to published data of "the year the accident occurred" is concluded in the end.
【CateGory Index】: D923
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