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Reasons for high compensation under U.S. law:
2. The principle of reparating damages: U.S. law also adheres to the principle of reparating damages, but punitive damages (i.e., fines) can be imposed according to the degree of intent of the specific infringement, the cost of prevention and other factors.
For example, if the infringer could have avoided the damage by spending 10 yuan, but did not take any measures and caused 100 yuan of damage, then the court may order the infringer to compensate the victim 200 yuan, and the extra 100 yuan is the punishment of the infringer.
4. The higher the citizen's income: the so-called compensation is to compensate for the loss of income caused by the decline in working ability. Therefore, the higher the income of the citizen, the more compensation the state, the higher the income of the resident, the more compensation the area, and the more the income of the occupation.
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1.This is in terms of the legislative purpose of infringement compensation in China and the United States.
2.China's principle of compensation is the principle of making up for damages, that is, if you lose 100 yuan, then the infringer will accompany you for 100 yuan. If the tortfeasor is sentenced to compensate the victim 200 yuan, then the victim's liability will be increased, which is obviously unfair, and the victim will constitute unjust enrichment.
3.U.S. law also adheres to the principle of reparative damages, but they can impose punitive damages (i.e., fines) depending on factors such as the degree of intent of the specific tort, the cost of prevention, and so on. For example, if the infringer could have avoided the damage by spending 10 yuan, but he did not take any measures and caused 100 yuan of damage, then the court may order the infringer to compensate the victim 200 yuan, and the extra 100 yuan is the punishment of the infringer.
To put it bluntly, it is to let the infringer remember it for a long time.
4.Second, the protection of civil rights in the United States is also higher than that of China, and the discretion of American judges is far greater than that of China, as well as the level of economic development are also influencing factors.
Hope it helps.
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The United States is a developed capitalist country with a high level of national income, and of course the compensation is high.
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Disability is ultimately a determination of the degree of reduction in the ability to work. The so-called compensation is to compensate for the loss of income caused by the decline in working capacity. Therefore, the higher the national income, the more compensation the state, the higher the income of the residents, the more compensation the area, and the higher the income, the more professional compensation.
In China, the compensation is different in rural areas and towns, the compensation is different in different provinces, cities and regions, and the compensation is different for different occupations. Every year, the state, provinces and municipalities re-count and publish compensation standards, which is also an important function of the statistical bureau.
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Monetary compensation mainly refers to the amount of compensation. In the Silver Skin of the State Compensation Law, compensation for violations of citizens' rights to personal liberty, life and health, and property rights is paid in the form of monetary payments, and a certain amount of money is given to the victim. The application of monetary compensation should generally be premised on the impossibility of restitution of property or restitution.
[Legal basis].
Article 32 of the State Compensation Law provides that the payment of compensation shall be the main form of state compensation. Where the property can be returned or restored to its original state, the property is to be returned or restored to its original state. Article 2 of the State Compensation Law provides that if a state organ or its functionary infringes upon the lawful rights and interests of citizens, legal persons and other organizations as provided for in this Law in the exercise of his or her powers, and causes damage, the victim shall have the right to obtain compensation from the State in accordance with this Law.
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Why are foreign compensation tens of millions?
There are three main reasons why the amount of compensation abroad is often higher than that in China:
First, foreign laws have stricter provisions on the amount of compensation and higher requirements. For example, in the United States, the Federal Quarrel Act stipulates that if the victim suffers serious injuries, the amount of compensation can reach the level of tens of millions.
Second, foreign laws are also stricter in calculating the amount of compensation, which may include the victim's medical expenses, the victim's disability pension, family support, lost wages, lost income, mental damages, etc., as well as the victim's family pension.
Third, foreign laws are also stricter on the payment method of the compensation amount of the negotiation letter, and the compensation amount can be paid in cash or other forms, such as **, bonds, etc.
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The amount of compensation paid abroad is generally much higher than that stipulated by China, and in some places the amount of compensation can even reach the level of 10 million. This is due to the fact that ** is more inclined to hold the responsible party accountable when reviewing the root cause of the relevant accident, and will also take into account the legal liability, loss and other comprehensive consideration when calculating the amount of compensation, not only limited to disability and other factors. In addition, the amount of foreign compensation will also be affected by the local economic development and legal environment, and most of the national compensation is relatively high, so taking foreign countries where the compensation can reach 10 million as an example, it can be seen at a glance that the level of legal management in related fields is relatively strict.
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The amount of compensation in foreign countries is often much higher than in China, which is based on several factors:1Foreign laws are higher on compensation than at home; 2.
Foreign medical security systems are more advanced and medical costs are higher; 3.Foreign companies have higher financial strength and are able to pay more compensation; 4.Foreign legal systems are stricter, making it easier to reach compensation agreements.
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The amount of compensation abroad is usually higher than that in China, and the reason for the envy is that the general legal environment abroad is more relaxed, more rights can be granted, and the amount of compensation will also vary according to the severity of the cause of the large compensation.
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The compensation in foreign countries is determined by taking into account the victim's losses and relevant laws and regulations, and there are also some other factors that will affect the size of the compensation, such as the location of the crime, the type of case, etc.
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The original sentence is as follows:
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The implementation of loose monetary policy, then means that the first to carry out a large number of investment, to carry out a large number of projects, the implementation of low interest rates, low tax policy, on the one hand, because of the first large investment and large projects, so that many categories are in the steel, cement and other items of the demand increase, on the other hand, low interest rates and low taxes, so that the interest group borrowing costs are reduced, the profit is also greater, which is of course conducive to the development of interest groups. However, the United States is now facing not only a situation of economic recession, if it simply blindly liberalizes its policy and implements a loose monetary policy, it will inevitably lead to further aggravation of domestic inflation, aggravation of fiscal deficits, and soaring prices, which will pose a great threat to the effective demand of residents. And the demand of interest groups is only to protect their own interests