劳动能力丧失损害赔偿标准适用之考察

劳动能力丧失程度是确定损害赔偿纠纷侵权人承担赔偿范围的依据之一。劳动能力鉴定及伤残等级鉴定制度为劳动能力丧失的判断提供了客观标准,但对扶养费关系涉及的边缘人群应更多体现法律规范的政策功能。遭受侵害的权利人提起赔偿之诉时,应适用劳动能力丧失说确定侵权人的赔偿范围,就扶养费计算标准而言,则应适用生活来源丧失说,从而在保障权利人全面受偿的同时不致对侵权行为人施以过分苛责。

A Review of Applicability of Compensation Standards of Disability

The degree of disability is one of the foundations of deciding compensation standards that infringer should be charged with.Appraisal of ability to work and the system of disability degree offers objective standards for estimation of disability.However,to the people related to maintenance expense relations,the policy function of legal regulation should be paid more attention.If the infringed suit for compensation,the compensation degree should be decided according to disability degree.The level of maintenance expense should be decided according to losing living source so as to avoid too excoriate the infringer at the same time of guaranteeing compensation to the infringed.