遺屬慰撫金酌定之研究

A Study on the Determination of Bereavement Compensation

慰撫金之酌定，向來是各國法院面臨的重要課題，蓋被害人之精神痛苦，本有難以客觀估量之困難，故法院究該核給多少金額，始能謂為適當？法院究該採取何等酌定方式，方能維持裁判量定金額之一致性？法院在酌定慰撫金時，究應考量那些因素？法院在判決理由究竟應如何記載，始能謂已充分說理？皆屬實務重大難題。
本文以遺屬慰撫金作為研究對象，擬以近5年高等法院裁判為研究素材，透過考察德國、瑞士與義大利等承認遺屬慰撫金之先進國家的實務運作，逐一觀察其酌定方式、酌定考量，及核給之絕對金額，從而審查我國酌定實務之操作，並擬回答以下問題：1.如何建立易於操作之酌定方式；2.如何改革裁判理由之記載方式；3.我國法院酌定遺屬慰撫金所考量之因素是否妥適；4.我國法院核給之遺屬慰撫金是否有偏低等，以期對於我國實務所有助益。

The assessment of damages and compensation solatium has always been a crucial issue faced by courts across different countries. After all, quantifying the mental anguish of the victims is a challenging task. Therefore, what amount of compensation should the court award to be deemed appropriate? Which approaches should the court adopt to ensure consistency in determining compensation and prevent significant disparities in awards for similar cases across various courts? Furthermore, what factors should the court consider when determining compensation? How should the court articulate its reasoning in the judgment to provide a comprehensive justification? These are all significant challenges in practice.
This study centers on the evaluation of bereavement compensation (Germany: Hinterbliebenengeld; Switzerland: Angehörigengenugtuung; Austria: Trauerschmerzengeld) for surviving family members, particularly in the determination of compensation for damages. The research material will be drawn from the rulings of higher courts in our country over the past five years. Additionally, the author will examine the practical approaches used by advanced countries like Germany, Switzerland, and Italy, where bereavement compensation is recognized. The analysis will include an observation of their determination methods, factors considered during the determination process, and the absolute amounts awarded in each respective country. Ultimately, the author will assess whether there are any potential areas for improvement in our country's practices of determining bereavement compensation.
Based on this research, the study intends to address the following issues, and proposing reform plans and observations with the aim of contributing to practical improvements in legal practices of Taiwan: 1. How to establish an easily applicable method of determination; 2. How to reform the recording method of judgment reasons, which has been criticized for being overly vague; 3. Whether the factors considered by Taiwanese courts in determining bereavement compensation are appropriate; 4. Whether the bereavement compensation awarded by Taiwanese courts is comparatively low.