The latest heavyweight regulations! The standard of compensation for personal injury will be unified between urban and rural areas from May 1
2022-04-28
In order to unify the compensation standards for urban and rural residents, the Supreme People's Court issued the decision of the Supreme People's Court on Amending the interpretation gt; of the Supreme People's Court on Several Issues concerning the application of law in the trial of cases of personal injury compensation (hereinafter referred to as the decision), which revised the compensation standards for disability compensation, death compensation and the living expenses of dependants from the original compensation standards for urban and rural areas to the unified calculation of urban residents. It will come into force on May 1, 2022. For a long time, China's judicial practice has made differential compensation between urban registered residence and rural registered residence in terms of the calculation standards of disability compensation, death compensation and other personal injury compensation, which has led to many cases of the same case. Because of different registered residence, the amount of compensation is very different. In order to unify the application of laws related to personal injury compensation dispute cases, the interpretation of the Supreme People's Court on Several Issues concerning the application of laws in the trial of personal injury compensation cases (hereinafter referred to as the interpretation of personal injury compensation), published by the supreme law in December 2003, stipulates that disability compensation and death compensation shall be calculated according to the per capita disposable income of urban residents or the per capita net income of rural residents, The per capita living expenses of rural residents shall be calculated according to the per capita living expenses of rural residents. With the promotion of the reform of registered residence system and the continuous development of economy and society, the gap between urban and rural areas has gradually narrowed, and the issue of personal injury compensation standards is facing new situations and new situations. In order to further promote the unification of compensation standards for urban and rural residents, the supreme law launched the revision of the interpretation of personal injury compensation. This decision has been formulated after repeated research and demonstration. The reporter noted that the amendment involves six articles of the interpretation of personal injury compensation. The main contents are as follows: the disability compensation and death compensation are calculated according to the per capita disposable income of urban residents or the per capita net income of rural residents instead of the per capita disposable income of urban residents; The living expenses of the dependants shall be calculated according to the per capita consumption expenditure of urban residents or the per capita annual living consumption expenditure of rural residents instead of the per capita consumption expenditure of urban residents. Disability compensation, death compensation and the living expenses of dependants are no longer calculated separately for urban and rural residents, but are calculated in accordance with the indicators of urban residents of all provinces, autonomous regions, municipalities directly under the central government, special economic zones and cities specifically designated in the state plan published by the Government Statistics Department. "In cases of personal injury compensation, the standard of urban residents shall be adopted to calculate disability compensation, death compensation and living expenses of dependants, so that rural residents can better share the dividends of reform and promote the integrated development of urban and rural areas." The head of the first court of Supreme People's court said that amending the interpretation of personal injury compensation and unifying the compensation standards for urban and rural residents can more fully protect the interests of victims. The unified adoption of the standard for urban residents has changed the previous situation that there is a large gap in the amount of compensation for residents with different registered residence status in urban and rural areas. For example, if the victim of a rural resident whose court is located in Beijing dies, according to the 2020 rural resident index published by the statistics department, the maximum death compensation (the living expenses of the dependant are included in the death compensation) is about 1.02 million yuan. After the revision of the interpretation of personal injury compensation, the residents living in rural areas are also calculated according to the index of urban residents, The maximum amount of death compensation (the living expenses of the dependants are included in the death compensation) is about 2.34 million yuan, which can more fully protect the interests of the victims, especially the victims of rural residents. (reporter Sun Mantao) (outlook new era)
Edit:Luo yu Responsible editor:Wang er dong
Source:GMW.cn
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