Since the judicial interpretation was implemented for 8 years, the legal concept of mental damage compensation has been deeply rooted in people's hearts. If the home decoration is not environmentally friendly, you can claim compensation for mental damage; The photo studio can claim compensation for mental damage when developing old photos; Couples can also claim compensation for mental damage when they divorce ... but what should the compensation amount be? This is still a controversial topic. When Jia Guoyu was burned, the Law on the Protection of Consumer Rights and Interests in People's Republic of China (PRC) had been implemented for more than a year, which was still more influential. According to this law, operators are no longer different from those behind the scenes in the past, but always face consumers, that is, when the legitimate rights and interests of consumers are damaged, they can choose to claim compensation from sellers, producers and service providers. Its main purpose is to facilitate litigation and consumers, so that operators can bear the responsibility.
Perhaps out of consideration for the execution of the final judgment, Jia Guoyu chose to put the three defendants in the dock together, which undoubtedly brought unavoidable problems to the court trial. Who is responsible for the accident among the three defendants, and what is the proportion of responsibility among them? Whether there are problems in the use of Jia Guoyu, whether there are defects in the service provided by Chunhai Restaurant, whether there are hidden dangers in the safety of the cassette furnace and whether there are quality defects in the aerosol cans, the long trial road also revolves around these problems.
For Jia Guoyu's case, the judge rushed to many departments and places, including the State Bureau of Technical Supervision, the Court Science and Technology Appraisal Center, the 304 Hospital, the Plastic Surgery Hospital of China Academy of Medical Sciences, and even went to Longkou, Shandong Province to learn about the production and operation of the parties.
The appraisal by the State Bureau of Technical Supervision has undoubtedly become the answer to the above questions, but the 96-page appraisal book and the appraisal fee as high as 50,000 yuan undoubtedly prove the great workload and long duration of the appraisal.
The trial of the case should not only solve the problem of product quality responsibility, but also solve the problem of Jia Guoyu's damage compensation. Before and after this case, four appraisals or evaluations were entrusted, including the appraisal by the State Bureau of Technical Supervision to solve the product quality responsibility problem, the scientific appraisal by the Beijing court, the future medical appraisal by the 304th Hospital of China People's Liberation Army, and the consultation by the Plastic Surgery Hospital of China Academy of Medical Sciences, all in order to determine Jia Guoyu's injury degree and future treatment cost. It should be said that the time limit of identification largely determines the progress of the case. In the past two years, the judges have been expecting all kinds of appraisal data. The case was heard and pronounced on March 2005 1997. Due to extensive media coverage, the case attracted the attention of the whole society at that time. The big court, which accommodates more than 300 people, is full of people in the audience. The first few rows are filled with all kinds of shooting equipment, and there are even live TV broadcasts. The judge of the collegiate bench finished the case in the eyes of many concerns.
During that period, people made more and more requests for mental compensation in personal injury litigation, but there was no precedent or clear legal provisions in court decisions. Mental injury is a forbidden area, and no one dares to set foot in or break through it. For the first time in this case, it was admitted in the judgment that damage to personal health would lead to damage to mental interests, which was the first time that mental damage existed.
Finally, the court ordered the defendants Beijing International Aerosol Co., Ltd. and Longkou Kitchen Equipment Factory to jointly compensate the plaintiff Jia Guoyu for the treatment fee of 1.7 million yuan, and at the same time compensate the plaintiff for the disability compensation of 1.7 million yuan. This judgment takes effect immediately.
After the judgment, the case was summarized as three breakthroughs: first, the breakthrough of compensation for mental damage, which mainly means that the court found that the right subject had compensation for mental damage after the right to health was violated, and the judgment awarded compensation for mental damage of 6.5438+10,000 yuan; Second, the breakthrough in the way of judgment argumentation mainly means that the court no longer discusses in the traditional simple, highly generalized and modular way, but adopts a more rational way of argumentation to comprehensively consider and analyze logical reasoning, legal spirit and emotional factors; Thirdly, adopt the average life expectancy of society, focus on the actual situation and take the average life expectancy of society as a reasonable basis to protect the interests of victims to a greater extent.