The compensation standard and time limit of death compensation are determined by the fixed compensation model, specifically: one-time compensation for 20 years, death compensation is fixed, the victim is over 60 years old, and the age is reduced by one year every year, and those over 75 years old are counted as 5 years. The object of death compensation is residual life, but it is not completely residual life. Those who are too young will be compensated in 20 years, and those who are older will be reduced by one year every year. Death compensation adopts the theory of "inherited loss", which does not belong to spiritual comfort, and its calculation formula is:

(1) Urban residents: death compensation = per capita disposable income of urban residents in the previous year ×20 years [over 60 years old (actual age -60 years old); 5 years for those over 75 years old]

The compensation for death in Beijing is 20 13: 729380 yuan (i.e. 36469 yuan *20 years). Death compensation is calculated according to the per capita disposable income standard of urban residents in the last year where the Court of Appeal is located, and calculated according to 20 years. However, for those over 60 years of age, the age will be reduced by one year for each additional year; Seventy-five years of age or older, calculated by five years);

Spiritual consolation money: 50,000-65,438+10,000 yuan (this is the approximate scope of compensation in Beijing, not absolute).

The total of the above two items is: the lowest is 779,380 yuan, and the highest is 829,380 yuan.

(2) For rural residents, death compensation = per capita disposable income of rural residents in the previous year × n [n: 20 years under the age of 60 (inclusive); Over 60 years old: N= (actual age-60); 5 years for those over 75 years old]

The death compensation in Beijing is 2013: 329,520 yuan (i.e.16,476 yuan *20 years), and the death compensation is calculated according to the per capita net income standard of rural residents in the last year where the court of appeal is located. However, for those over 60 years of age, the age will be reduced by one year for each additional year; Seventy-five years of age or older, calculated by five years);

Spiritual consolation money: 50,000-65,438+10,000 yuan (this is the approximate scope of compensation in Beijing, not absolute).

The total of the above two items is: the minimum is 379,520 yuan and the maximum is 429,520 yuan.

(3) Death compensation for persons under 60 years old = per capita disposable income of urban residents in the previous year (per capita net income of rural residents) ×20 years.

(4) Compensation for death of persons aged 60-75 = per capita disposable income of urban residents in the previous year (per capita net income of rural residents) ×[20- (actual age -60)].

(5) Compensation for death of persons over 75 years old = per capita disposable income of urban residents in the previous year (per capita net income of rural residents) ×5 years.

2. The calculation standard of death compensation is based on the per capita disposable income of urban residents or the per capita net income of rural residents in the last year where the court of appeal is located.

Death compensation is determined according to the identity of the victim, and the compensation standard is set as second-class and first-class; Urban residents shall be compensated according to the per capita disposable income of urban residents in the previous year where the Court of Appeal is located; Second, rural residents are calculated according to the per capita net income standard of rural residents in the previous year where the Court of Appeal is located. Generally, the household registration shall prevail. For urban household registration, the death compensation is calculated according to the per capita disposable income of urban residents, and for rural household registration, it is calculated according to the per capita net income of rural residents. It should be said that it is problematic to use different standards to compensate victims in the same incident, but this is the rule. The death compensation determined by the judicial interpretation of the Supreme Court adopts the theory of "inheritance loss" and confirms that death compensation is compensation for income loss. Judging from the current situation in China, it is very common for rural household registration personnel to work or settle in cities and towns. The income and living expenses of these rural household registration personnel are no different from those of urban household registration personnel, so it is fairer and more appropriate to take the habitual residence of the deceased as the condition for applying urban standards or rural standards.

3. The principle of special compensation for high or low.

Article 30 stipulates the standards of death compensation and disability compensation under special circumstances. The calculation methods of death compensation and disability compensation are inconsistent. If the victim proves that the per capita disposable income of urban residents or the per capita net income of rural residents in his domicile or habitual residence is higher than the standard of the place where the court is sued, he may calculate disability compensation or death compensation according to the relevant standard of his domicile or habitual residence. If it is low, it can be compensated according to the standard of the place where the court sued, and compensate the victim as much as possible.

4. Determination of the actual compensation amount and the principle of one-time compensation.

Article 3 1 stipulates the determination of actual compensation amount and the principle of one-time compensation. What does this article say? That is to say, the specific compensation items of personal injury compensation stipulated in Articles 19 to 29 shall be offset by negligence, that is, according to Article 13 1 of the General Principles of Civil Law and Article 2 of this Interpretation. If the obligee is compensated for the occurrence or expansion of damage caused by intentional or negligence, the negligence shall be offset and the loss shall be shared.

5. Choose the court of appeal.

Compensation is calculated according to the standards of the court of appeal, so the choice of the court of appeal is closely related to the amount of death compensation. According to the provisions of the Civil Procedure Law on court jurisdiction, the courts with jurisdiction over traffic accident cases are generally: the court where the defendant lives and the court where the traffic accident occurred. The parties can consult the statistical data of the local statistical department before suing, and it is more advantageous to choose a court with high standards. When choosing the sued court, we should consider the litigation cost, such as the distance of the road, the difference ratio of compensation standards, the convenience of local litigation, local protection and other factors.

6. The nature and distribution of death compensation.

The abnormal death caused by traffic accidents not only caused the loss of citizens' lives, but also caused great harm to the relatives and families of the deceased. This kind of injury is not only manifested in huge material losses, but also in mental trauma and pain that cannot be expressed in words. But people can't come back from the dead, and a person's life can't be bought no matter how much you spend. The mental injury and material loss to the relatives of the deceased are objective. Our country's laws stipulate death compensation in traffic accident treatment, or considering the above factors, from reality, in the form of monetary compensation to comfort the mental pain of the relatives of the deceased. This is not only a comfort, but also a moral condemnation of the wrongdoings of the perpetrators. It shows that the protection of the right to life by law has been strengthened, and it is also a manifestation of attaching importance to the right to life. At the same time, some of the deceased are the main source of family economy before or after their death, and it is also objective that their death leads to the decline of family economic income level. Giving certain death compensation also has certain economic compensation nature. Since the death compensation has the dual nature of spiritual comfort and economic compensation, the distribution of the money should be determined according to the purpose of establishing the money by legislation and the actual situation of our real life. The donee should be determined to be within the scope of the deceased's spouse and immediate family members, because they suffered the most mental trauma and material losses, and at the same time, because the deceased died abnormally and his family was incomplete, it had the greatest impact on his life and work, and he was also the spouse and immediate family members of the deceased. As for the specific distribution ratio, only one principle can be determined, which should be flexibly grasped by the public security organ or the people's court according to the actual situation, mainly to stabilize the life of the family members of the deceased, supplemented by mental compensation. The spouse of the deceased and the immediate family members who lived with the deceased at the time of death should be given more, and the immediate family members who lived with the deceased who were not together at the time of death can be given appropriate compensation.

7. If the obligee of traffic accident compensation proves that the per capita disposable income of urban residents or the per capita net income of rural residents in his domicile or habitual residence is higher than the standard, he can calculate the death compensation according to the relevant standard of his domicile or habitual residence.

Guangdong's Opinions on Several Issues Concerning Handling Road Traffic Accident Cases after the Implementation of the Road Traffic Safety Law stipulates that if the victim's household registration is in the countryside, but he lived in the town for more than 1 year at the time of the traffic accident and had a fixed income, the amount of compensation shall be treated according to the standards of urban residents.

The Supreme People's Court's Interpretation of Several Issues Concerning the Application of Laws in the Trial of Personal Injury Compensation Cases Article 29 "Death compensation shall be calculated according to the per capita disposable income of urban residents or the per capita net income of rural residents in the last year where the Court of Appeal is located, and the calculation period shall be 20 years. However, for those over 60 years of age, the age will be reduced by one year for each additional year; If you are over 75 years old, it is five years. " Death compensation is compensation for the loss of the victim's right to life (death) as the subject of civil rights. From birth to death, citizens have the capacity for civil rights, enjoy civil rights and assume civil obligations according to law. The right to life is the basis and premise of all rights, and any loss of the right to life is the loss of citizens' civil rights. Therefore, the essence of death compensation is the loss of civil rights of the victim. There are two traditional theories about the nature of death compensation: loss of support and loss of inheritance. The theory of "loss of support" holds that because of the death of the victim, the victim had no adults or lost the ability to work before his life, and? If an adult close relative who has other sources of livelihood loses his source of livelihood and suffers property damage, the infringer shall compensate. But in many cases, the victim is not? Have close relatives to support. In order to balance the interests, the law stipulates that the infringer should also compensate the victim's close relatives for the reflective mental damage caused by the victim's death. China's General Principles of Civil Law, Law on the Protection of Consumers' Rights and Interests, Law on Product Quality, Measures for Handling Road Traffic Accidents and Judicial Interpretation of Mental Damage Compensation 5438+0 promulgated and implemented in March 2006 in the Supreme People's Court basically adopted this theory, and defined death compensation as mental loss. The theory of "losing the right of inheritance" holds that infringing on the life of others leads to death, which not only infringes on the interests of life itself, but also makes the income of the victim "escape" in the remaining years, that is, property losses are caused by the family living with the victim. So the death compensation should be material loss. The principle of compensation determined by China's state compensation law is the scope of the victim's material damage, and death compensation is also included in the scope of compensation, which determines the property status of death compensation. Death compensation is a fixed death compensation paid by the person responsible for the accident to the legal heir of the party who died in a traffic accident or other people who have the right to inherit.