How is the amount of compensation awarded in law calculated?

According to the amount of money you may earn in a certain period of time, for example, if you are a 30-year-old urban worker, it is calculated based on the average age of a person's life, the average salary of your position, etc. That is to say, urban people and rural people have different prices for the same life, and people in different provinces have different prices for the same life, and the money lost is according to how much money you can earn if you continue to live, and people in different industries lose different prices, divided into employees and non-employees.

The most important algorithm is the sum of the accumulation of sustainable labor time and the accumulation of developable knowledge and ability. Cost is the product of the time spent alive and the cost per unit of culture.

There is no explicit provision for compensation for losses, and the act of compensating for losses is determined by the people's court according to the actual situation, and it is not that the other party should pay as much as the other party wants to compensate for losses, nor is it that the court will give as much as the amount of compensation is considered to be positive compensation.

The main reason for the judgment in China is that the dead must pay money, no matter whether they are right or wrong, they have to find someone to pay for the money, and if they are injured, they must also be compensated in time, and if you commit a crime, you don't have to be afraid to sit and wait for compensation.

The amount of compensation awarded in law varies depending on the case, region and individual circumstances, and it is recommended to contact a lawyer for an interview, so that it can be calculated in detail.

The amount of compensation awarded in law is assessed based on a series of factors, such as the total amount of money, the economy of each party, and the amount of investment of each party.

It is calculated according to the "Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases" and the actual situation.

The amount of compensation awarded in law should be calculated according to the size of the case, or some compensation should be calculated in accordance with the law.

If there is evidence that there is a clear division of liability, there are 37 or 46 divisions of primary and secondary liability, and as for the specific amount of compensation, it is combined with the situation of level 8 disability.

There is no exact amount on the basis of the law and on the basis of the actual situation.

According to the crime you have committed, the amount of compensation will be paid one by one in accordance with the provisions of the laws and regulations, plus the actual situation.

I think there is no fixed standard for this, it is to be analyzed on a case-by-case basis, but there is a legal benchmark.

Legal Analysis: The specific standards for the amount of compensation are as follows:

1. Where a citizen's personal freedom is violated, the amount of daily compensation shall be calculated according to the average daily wage of the state employee in the previous year. This includes compensation for lost work and solatium for moral damages that cause serious consequences;

2. Pay medical expenses, nursing expenses, and income reduced due to lost work. The compensation for each day of the reduced earnings shall be calculated on the basis of the average daily wage of the State employee in the previous year, up to a maximum of five times the average wage;

3. The disability compensation shall be determined in accordance with the disability level stipulated by the state, and the maximum shall not exceed 20 times the average daily wage of the employees in the previous year;

4. The organ with the obligation to compensate shall, within the scope of the impact of the infringement, eliminate the impact of the victim, restore the reputation, and make a formal apology; where serious consequences are caused, compensation for moral damages shall be paid.

If an employer terminates a labor contract in violation of the conditions stipulated in this Law or deliberately delays the conclusion of a labor contract, the labor administrative department shall order it to make corrections; If damage is caused to the worker, he shall be liable for compensation.

Legal basis: Labor Law of the People's Republic of China

Article 91 Where an employer infringes upon the lawful rights and interests of a laborer in any of the following circumstances, the labor administrative department shall order the payment of wages and remuneration and economic compensation to the laborer, and may also order the payment of compensation:

1) Withholding or defaulting on the wages of workers without reason;

2) Refusal to pay wages and remuneration for extended working hours;

3) Paying wages to workers lower than the local minimum wage standard;

4) Failing to give economic compensation to the worker in accordance with the provisions of this Law after the termination of the labor contract.

Article 89 Where the labor rules and regulations formulated by the employer violate the provisions of laws and regulations, the labor administrative department shall give a warning and order corrections; If damage is caused to the worker, he shall be liable for compensation.

Article 95 Where an employer violates the provisions of the Law on the protection of female employees and juvenile workers and infringes upon their lawful rights and interests, the labor administrative department shall order it to make corrections and impose a fine; Where harm is caused to female employees or juvenile workers, they shall be liable for compensation.

Calculation formula: severance = severance 2, severance = base number of years, years: according to the employee's continuous service in the unit, the standard of one month's salary for each full year is paid to the worker.

where it is more than six months but less than one year, it is calculated as one year; If it is less than six months, the worker shall be paid half a month's salary.

The monthly salary of the worker. where it is more than six months but less than one year, it is calculated as one year; If it is less than six months, the worker shall be paid half a month's salary. If the monthly salary of a worker is three times higher than the average monthly salary of the employee in the previous year as announced by the people of the municipality directly under the Central Government or the city divided into districts where the employer is located, the standard of severance shall be paid to him at the rate of three times the average monthly salary of the employee, and the maximum period of severance shall not exceed 12 years.

Generally, two conditions need to be met to pay economic compensation, one is that the breach of contract has indeed caused losses to the other party, and the other is that the payment of liquidated damages is not enough to compensate for the loss. It is the right of the employee to receive economic compensation, and the employee has the right to terminate the labor contract and obtain the right to receive economic compensation when his or her rights and interests are violated. Economic compensation is generally due to the employee's loss caused by the enterprise's breach of contract and termination of the labor contract, but its compensation has a certain limit and is not unlimited, and the economic compensation exists between the employee and the employer, and the slightest carelessness will lead to the loss of the interests of the two, so it needs to be determined in accordance with the tasks stipulated in the law of repentance and hunger.

What are the provisions for severance payments?

1. Failure to provide labor protection or conditions in accordance with the provisions of the labor contract;

2. Wages are not paid in full;

3. Failure to pay social insurance premiums for workers;

4. Damage to the rights and interests of workers;

5. Using fraud, coercion or taking advantage of others' danger or even violence against workers.

Legal basis: Article 87 of the Labor Contract Law stipulates that if an employer dissolves or terminates a labor contract in violation of the law, and the employee does not request to continue to perform the labor contract or the labor contract is no longer able to perform, the employer shall pay compensation to the returnee at twice the standard of economic compensation.

In the course of handling personal injury compensation cases, no matter how or by what means. Regardless of the type and degree of fault of the parties, and no matter how the responsibilities of the parties are divided and undertaken, they are inevitably faced with the problem of how to determine the amount of personal injury compensation, and the determination and calculation of the amount of compensation must first solve the calculation items and calculation standards of the amount of compensation. Therefore, the calculation of the amount of personal injury compensation is the key and focus of handling personal injury compensation cases.

However, in the course of building the legal system for a long time, whether in legislation or in judicial practice, China has never perfected the issue of the standard for calculating the amount of compensation for personal injury, and there has been no unification so far.

1. Standardized, fair and reasonable legal standards can be followed, making it difficult for a large number of personal injury compensation cases to be handled in a timely manner, and it is difficult to protect the legitimate rights and interests of all parties. Therefore, the calculation of the amount of personal injury compensation is another doubt and difficulty in handling personal injury compensation cases. Therefore, the calculation standard of the amount of compensation for personal injury and limb injury in China is of extensive and far-reaching significance for both legislative work and judicial work.