Twenty-seventh funeral expenses shall be calculated according to the average monthly salary of employees in the last year where the court of appeal is located, and the total amount shall be six months.
Article 28 The living expenses of the dependents shall be calculated according to the degree of disability of the dependents and the per capita consumption expenditure of urban residents and the per capita annual consumption expenditure of rural residents in the last year where the appealed court is located. If the dependant is a minor, it shall be calculated at the age of eighteen; If the dependent has no ability to work and no other source of income, it shall be counted as 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.
A supporter refers to a minor who should bear the obligation of support according to law or an adult close relative who has lost the ability to work and has no other source of income. If the dependents have other dependents, the compensation obligor shall only compensate the victim for the part that he should bear according to law. If there are several dependents, the total annual compensation shall not exceed the per capita consumption expenditure of urban residents or the per capita annual living consumption expenditure of rural residents in the previous year.
Twenty-ninth death compensation is calculated according to the per capita disposable income of urban residents or the per capita net income of rural residents in the previous 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.
Article 30 If the compensation obligee 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 sued court is located, he may calculate disability compensation or death compensation according to the relevant standard of his domicile or habitual residence.
The relevant calculation standards for the living expenses of the dependents shall be determined in accordance with the principles stipulated in the preceding paragraph.
Article 31 The people's court shall, in accordance with Article 131 of the General Principles of the Civil Law and Article 2 of this Interpretation, determine the actual amount of compensation for property losses in Articles 19 to 29.
In principle, the compensation for material damage determined in the preceding paragraph and the compensation for mental damage determined in accordance with the provisions of the first paragraph of Article 18 shall be paid in one lump sum.
Thirty-second beyond the fixed period of nursing, assistive devices or disability compensation, the right holder claims to continue to pay nursing, assistive devices or disability compensation, and the people's court shall accept it. If the obligee really needs to continue nursing and prepare assistive devices, or has no ability to work and no source of income, the people's court shall order the obligor to continue to pay the relevant expenses for five to ten years.
Article 33 Where the compensation obligor requests to pay the disability compensation, the living expenses of the dependents and the expenses of assistive devices by regular payment, it shall provide corresponding guarantee. The people's court may, according to the ability to pay and the guarantee provided by the compensation obligor, determine to pay the relevant expenses in the form of regular payment. However, the expenses, death compensation and mental damages incurred before the end of the debate in the court of first instance shall be paid in one lump sum.
Article 34 The people's court shall specify the time, method and standard of periodic payment in legal documents. If the relevant statistical data changes during the implementation period, the payment amount should be adjusted accordingly in time.
Regular payments are made according to the actual life of the compensation obligee, and are not limited by the compensation period in this interpretation.
Article 35 The per capita disposable income of urban residents, the per capita net income of rural residents, the per capita consumption expenditure of urban residents, the per capita annual consumption expenditure of rural residents, and the average wages of employees as mentioned in this Interpretation shall be determined on the basis of the relevant statistical data of provinces, autonomous regions, municipalities directly under the Central Government, special economic zones and cities with separate plans published by the government statistics department in the previous year.
"Last year" refers to the last statistical year at the end of the debate in the Court of First Instance.
Article 36 This Interpretation shall come into force as of May 6, 2004. The provisions of this interpretation are applicable to the first-instance personal injury compensation cases newly accepted after May 1 2004. The provisions of this interpretation shall not apply to cases of personal injury compensation that have been retried according to law and have made effective judgments.
If the contents of the judicial interpretation that came into effect before the promulgation and implementation of this interpretation are inconsistent with this interpretation, this interpretation shall prevail.