The same price of the large-scale tort compensation

Yesterday the NPC Standing Committee began the third review of the draft Tort liability law, the real life in the traffic accidents, mine accidents, nannies, pets and other tort liability caused by the norms. The addition of "compensation package" as a result of traffic accidents, mine accidents and other violations caused by the death toll, can not take into account the age, income status and other factors, the same amount to determine the death compensation.　　In the draft Tort Liability Act, which was submitted to the third instance yesterday, there was an increase in the "package of compensation" provisions for the death toll in the same accident. In recent years, the problem of different prices in some traffic accidents has been widely concerned.　　During the second instance, the experts suggested that, in many cases, death compensation would be compensated in different circumstances according to the age of the deceased, the income situation and so on, but that in the case of a larger number of deaths in the same accident, the same amount should be paid in order to reduce the dispute, and the draft recommendation　　　　The relevant person in charge of the NPC Standing Committee of Law said that "large-scale infringement", that is, an accident caused mass casualties, such tort dispute resolution is very complex, often using a "package of compensation" approach to facilitate the solution. The tort unit of labor workers is responsible for the liability of the workers who cause damage to others during the dispatch of Labor. The third review of the draft law on tort liability for this proposal to increase the provision: "During the Labor dispatch, the dispatched staff members in the course of work causing damage to others, by the labor force to be dispatched by the Employment unit to bear the tort liability, the Labor dispatch unit has the fault, undertake corresponding supplementary responsibility."　　"The owner of the animal is responsible." In addition, the third review also stipulates that the abandonment, escape of animals in the abandonment, the escape caused by other people's damage, by the original animal owners or managers bear tort liability. Many local and experts put forward that in recent years, animal-induced injury disputes are increasing, should be more clearly stipulated tort liability. The National People's Congress Law Committee, after research, proposed to increase the provision: "Violation of regulations, the animals do not take safety measures to cause damage to others, animal breeders or managers should bear tort liability."　　　　"The draft also stipulates:" Abandoned, escaped animals in the abandonment, the escape caused by other people damage, by the original animal breeders or managers bear tort liability. Hospital exemption situation Clear draft third review also added provisions: In the case of any of the following cases, the medical institution shall not be liable for the damages: first, the patient or his near relatives do not cooperate with the medical institution for the necessary diagnosis and treatment; second, the medical personnel in the rescue of critical patients and other emergency situations have done a reasonable duty of care;　　Limited to the medical level at that time was difficult to diagnose. At the same time, the causes of medical injury caused by others are more complex, in many cases, it is difficult for the medical staff to bear the burden of proof, and the deletion of the "patient's injury may be caused by the medical personnel's diagnosis and treatment, in addition to the medical personnel to provide the contrary evidence, the presumption of the diagnosis and treatment of the patient's injury has a causal relationship between the　　”。 How to determine the amount of compensation for infringement during the second instancePut forward, infringement of the right to name, reputation, portrait, privacy and other causes of property losses, in many cases, the amount of loss compensation is difficult to calculate, the draft should be further on the infringement of personal rights how to compensate for the provisions. To this end, the third review proposed to increase the provisions: the infringement of other people's personal rights caused property losses, in accordance with the infringement of the loss of compensation, the infringement is difficult to determine the loss, the infringer to obtain benefits, in accordance with its benefit compensation. Xinhua News Agency, Beijing Youth Daily