The standard of the degree of loss of labor capacity should be unified

The degree of loss of labor ability is one of the important items frequently identified in forensic identification. Since there is no uniform evaluation standard in China at present, the different basis for the identification practice is usually the following:

dichotomy. The degree of loss of labor capacity is divided into the loss of all labor capacity and the loss of part of labor capacity.

Trichotomy. The degree of loss of labor capacity is divided into three situations: total loss, most loss and partial loss. This method is more common in the identification of workers' injuries and occupational diseases.

Quadruple method. The quartile is based on a comprehensive consideration of the degree of loss of labor capacity, whether medical and nursing dependence is required, and the ability to work and the degree of loss are assessed as total loss, majority loss, partial loss and small loss.

Five points method. Compared with the quartering method, the quintile method has only one more loss of labor capacity, that is, although it constitutes ordinary harm without disabling, or has disabling consequences, it has no loss of labor ability.

Percentage valuation method. The method is based on the fact that the degree of loss of labor capacity is expressed as a percentage based on the average degree of damage obtained by evaluating the consequences of various injuries over the years, that is, the percentage of the degree of loss of labor capacity of the appraisers after determining the lost part, The total loss of labor capacity is 100, indicating the percentage of partial loss. The Jiamusi Intermediate People's Court of Heilongjiang Province also used this method to formulate the “Standards for the End of Medical Injury Medical Treatment and the Degree of Loss of Labor Ability”.

As a result, many problems have arisen in the assessment of the degree of loss of labor capacity. First, different standards used by different appraisers have resulted in different or even contradictory identification conclusions of the same injury, which has affected judicial identification as evidence. The effectiveness is fair; the second is the summary and thick lines of the assessment standard of the ability to lose labor capacity. Large and wide, the identification personnel are not easy to operate, affecting the realization of the legislative purpose of maximizing the protection of the legitimate rights and interests of victims; Fourth, the lack of scientific definition of the standard of loss of labor capacity is not conducive to the judges in the trial practice to test the relevant evidence It is even more difficult to make mediation.

Therefore, the author suggests to formulate a national standard for assessing the degree of loss of physical capacity of personal injury as soon as possible. The author believes that the percentage valuation method is a relatively scientific method in many evaluation criteria for the loss of labor capacity. This method directly quantifies the degree of loss of labor capacity of various injuries, is more specific, has certain scientific nature, and is easy to operate in practice. Suitable law research

The standard of the degree of loss of labor capacity should be unified

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