Recently, the court’s penalties have attracted widespread attention.According to Litchi News on May 16, Ms. Zhang, 43, was 8 weeks pregnant by Li by Li by Li. Li was knocked down by Li.After Ms. Zhang had no choice but to abortion, she could not get pregnant in the future, and later claimed to the court for claims.The court judged that the insurance company compensated Ms. Zhang within the scope of the underwriting, including the loss of 37,000 yuan, including mental damage compensation.
In this case, the amount of compensation was particularly eye -catching.Hit a pregnant woman into miscarriage and lost her fertility, but only uses 37,000 yuan?Such a slightly fluttering fine is not compensation, but more like an angry.What’s more, Ms. Zhang was 43 years old, and she was in trouble for the first time.At the age of 43, it is an elderly mother, both in common sense or medicine. Ms. Zhang’s expectations and care for this small life can be imagined.Such an unborn little life says that it is gone. Ms. Zhang, a prospective mother, is afraid it is difficult to accept it, not to mention that she is facing the result of "lifelong infertility".
Why is such a big damage, why is the compensation so low?Legally, the amount of compensation is reasonable.The reason is simply that Ms. Zhang only received mental loss and no compensation for disability.But in fact, in addition to mental injury to Ms. Zhang, in addition to mental injuries, this case also has "unable to have birth", and it is clear that the latter has not received compensation.
This is worth noting. Why isn’t it disabled?You must know that according to the "Holoic Disability of Human Body Disability", the damage or dysfunction of human tissue organs included in various factors; disability refers to the destruction or dysfunction of human tissue organs, as well as individuals in modern clinical medical conditions in modern clinical medical conditionsIt is difficult or lost in life, work, and social activities that are difficult to recover.
According to forensic doctors, in practice, the appraisal of the loss of fertility is more complicated. Unless it is obvious organs resection, it is difficult to be identified as disability.This is the most noteworthy point in this case, and it is also the main reason why Ms. Zhang has received low compensation.
This reflects that in judicial practice, it is difficult to identify the "loss of fertility". It is not like fractures and amputations. It has obvious organs damage, but this damage is not less than the damage caused by organ damage.It does not determine the disability in the law, but it does cause disability. Obviously, the identification of the loss of fertility is ignored in judicial practice.
If the punishment is not good, the people will be attempted.It is precisely because the 37,000 penalties are in accordance with the law that it is more vigilant.This indicates that the gap between reason and jurisdiction still exists, and this gap can cause citizens’ questioning of justice.In short, the questioning of this penalty should attract the attention of the legal department, and it needs to be filled in time for the loopholes that have lost fertility appraisal.After all, the law should not be engraved only on the marble, but instead of being engraved in the hearts of citizens.
(Author: Yang Yan, Source: Zheng Guan Huanghe Comments)