What is fair compensation, and the principle that compensation determines whether it is fair

If good faith is the most basic principle of civil law, then the principle of fair compensation of creditors is the first principle of bankruptcy law. Before the creation of the bankruptcy law, when the debtor was unable to pay off its debts, creditors would rush to take measures against the debtor's property, and the realization of the creditor's claim depended not only on the debtor's property situation, but also on whether the creditor was well informed and acted quickly. It can be said that the original purpose of the creation of the bankruptcy law is to equitably distribute the limited bankruptcy estate among a large number of creditors, which is also the biggest difference between the bankruptcy law and the general enforcement procedure.

How much does a rich man with 100 million assets have to pay for injuring a beggar?

How much will a beggar lose if he injures a rich man with 100 million assets?

If they all lose 200,000, it is unfair to the rich.

Because the beggar has no money, the actual compensation is that the rich man pays 200,000 yuan, and the beggar pays 0.

Therefore, the actual judgment will award 10,000, because there is no difference between more judgments and no judgments.

Fairness is always a relative concept, and it is impossible to start from theory when applying the concept to practice.

At this time, do we talk about favoring beggars? The question is meaningless. There is no difference between you sentencing 100 million and sentencing 10,000. This partiality is natural and not dictated by human consciousness.

In turn, the beggar was beaten by a billionaire and beaten by another beggar. How much compensation will you get?

One received 200,000 and the other 10,000. 10,000 may not be available for ten or eight years. Again, this is a natural occurrence.

In other words, in the process of compensation, we should consider the factors of both compensation and recovery.

This also explains that the compensation will be different among the same victim group. This is not contrary to equitable compensation.

In judging whether the compensation decision is reasonable and fair, attention should be paid to the procedures and conditions for making the compensation decision and whether the content of the compensation decision complies with the provisions of the law. The compensation for expropriation shall be determined on the basis of the certificate of the right to use the homestead or the certificate of the right to use the construction land, and the housing surveying and mapping data of the land department, and shall not be lower than the market of similar real estate of the expropriated house on the date of the announcement of the decision to expropriate the house**.

[Legal basis].Article 19 of the Regulations on the Expropriation and Compensation of Houses on State-owned Land.

The compensation for the value of the expropriated house shall not be lower than the market for similar real estate of the expropriated house on the date of the announcement of the decision to expropriate the cracked rock. The value of the expropriated house shall be assessed and determined by the real estate appraisal agency with corresponding qualifications in accordance with the housing expropriation appraisal method. If there is any objection to the value of the expropriated house determined by the assessment, it can apply to the real estate appraisal agency for a review of the assessment.

If there is any objection to the review result, you can apply to the real estate appraisal expert committee for appraisal. Housing expropriation assessment measures by the competent department of housing and urban-rural construction, in the process of formulation, should be open to the public to solicit opinions.

Legal Analysis: Equitable compensation can be understood from two aspects. First, it means that the compensation for the expropriation of the house is equivalent to the value of the expropriated property.

That is to say, although the expropriation of housing embodies the compulsion of the first and serves the public interest, it should also ensure that the interests of the expropriated person are not damaged. In the case of compensation for housing expropriation, in the absence of special circumstances, a uniform compensation standard should be implemented for all expropriated persons, and there should be no exceptions, reflecting the fairness between the expropriated persons.

Legal basis: Regulations on the Expropriation and Compensation of Houses on State-owned Land Article 2 For the needs of the public interest, the expropriation of the houses of units and individuals on State-owned land shall give fair compensation to the owners of the houses that have been expropriated (hereinafter referred to as the expropriated persons).

Legal analysis: Equitable liability refers to a mechanism that fairly considers the division of responsibilities based on the economic status of the parties and the degree of damage suffered by the victim without considering the fault and degree of fault of the parties.

Legal basis: Article 1186 of the Civil Code of the People's Republic of China: Where neither the victim nor the perpetrator is at fault for the occurrence of the damage, both parties are to share the damage in accordance with the provisions of the law.

Legal Analysis: Equitable liability refers to a mechanism that fairly considers the division of responsibility based on the economic status of the parties and the degree of damage suffered by the victim without considering the fault of the parties and the degree of fault.

Legal basis: Civil Code of the People's Republic of China Article 1186: Where neither the victim nor the perpetrator is at fault for the occurrence of the harm, the losses are to be shared by the double party in accordance with the provisions of the law.