法医学杂志 ›› 1989, Vol. 0 ›› Issue (4): 6-10.

• 论文 • 上一篇    下一篇

在赔偿医学中判定伤、病及其他的因果关系问题

吴军;孔禄卿;王少华;徐学仁;恽年蔓;   

  • 发布日期:1989-08-25 出版日期:1989-08-28

The Identification of Ca.use-effect Relationship betwcen Injury and Disease or/and other Consequences in Compensation Medicine

  • Online:1989-08-25 Published:1989-08-28

摘要: <正> 近年以来,随着广大人民群众的民主意识的提高及普法教育的开展,主张完善法律制度及保障公民的合法权益的呼声日益高涨。在这种情况下,民事诉讼案件显示今后有增无减的趋势,如随着城市交通事故之频发等,人身伤害问题已成为不容忽视的社会现象。其必然的结果是民事诉讼案件中的伤

Abstract: An injury may develop to disease,then to disablement,and at last, to death.In a special case,it may stop at certain level.So in the case of injury compensation,one ought to distinguish carefully from one situation to another. When the forensic expert is intrusted in solving the problems of injury compensation and identifying the case of injury,he ought to determine carefully the causeeffect relationship between injury and disease or/and other consequences.That is to say,whether there is a causation or not.If there is,then the decision of the effectiveness of the cause is essential.The conclusion of examination of direct and in- direct relationship between injury and consequences forms a testimony at the court. In this paper,the relationship between causes and effects have been discussed.The conclusion is that,if there is a direct cause,the com- pensation rate is 100%;if there is no evidence of it,0%;and if there is/are indirect causes cut in between then,it depends on the effective- ness of direct cause and has the rate of 75%,50% or 25% respectively. The amount of damages follows Article 119 of the“General Rule of Civil Law”and other rules related.