The Supreme People's Court actively responded to the concerns of representatives and promoted the unification of the standards for personal injury compensation in urban and rural areas

2023-02-14

Focusing on the proposal, it is suggested that the newly revised Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in Hearing Cases of Personal Injury Compensation (hereinafter referred to as the Interpretation of Personal Injury Compensation) be implemented from May 1, 2022. This revision focuses on the calculation standards of death compensation, disability compensation and living expenses of dependants. According to the newly revised "Interpretation of Personal Injury Compensation", in the case of personal injury compensation, the standard of urban residents is uniformly used to calculate disability compensation, death compensation and the living expenses of dependants, realizing the unification of the standard of two gold and one fee in urban and rural areas. In recent years, a number of deputies to the National People's Congress have made suggestions on the issue of urban-rural unification of the standard of personal injury compensation. The Supreme People's Court actively responded to the concerns of the representatives, revised the Interpretation of Personal Injury Compensation on the basis of summing up the experience of the pilot work, and unified the compensation standards for urban and rural residents. The reform of the compensation system for personal injury is an important measure taken by the people's court to implement the requirements of "reforming the compensation system for personal injury and unifying the compensation standards for urban and rural residents", promoting the integration of urban and rural development, and the people's sense of security and gain, especially for rural residents, has also been constantly enhanced. The non-uniformity of urban and rural standards for personal injury compensation has attracted attention. As early as 2003, the Supreme People's Court issued a judicial interpretation to clarify several issues concerning the application of law in hearing personal injury compensation cases, and to clarify the standards for personal injury compensation between urban and rural areas. With the reform of China's registered residence system and the economic and social development, the gap between urban and rural areas has gradually narrowed, and the standard of compensation for personal injury is facing new problems. During the fourth session of the 13th National People's Congress in 2021, 14 representatives, including Lin Huazhong, put forward the Proposal on Unifying the Compensation Standards for Urban and Rural Household Accidents. "Because the compensation standards for rural and urban hukou are very different, many social contradictions have been triggered." Lin Huazhong calculated that the average per capita disposable income in 2020 in China's cities is 43834 yuan, and the average per capita disposable income in rural areas is 17131 yuan. "According to the regulations, the compensation standard for the death of victims aged 18 to 60 is: the compensation standard for accidental death of urban residents is 43834 yuan per capita disposable income of urban residents × 20 years=876680 yuan; The compensation standard for accidental death of rural residents is 17131 yuan per capita net income of local farmers × 20 years=342620 yuan. In this way, the compensation standard for rural and urban hukou is 2.56 times different. " Lin Huazhong said. In the investigation, Lin Huazhong also found that although in recent years, courts all over the country have treated rural residents who have lived, worked and lived in cities and towns for a certain period of time according to the standard of urban residents when calculating their personal injury compensation, due to the lack of a unified standard at the national level, there are still large disputes, and then social conflicts. In view of this, he proposed to revise the "Interpretation of Compensation for Personal Injury", implement the same city treatment for the compensation right holders of rural hukou who are disabled or dead due to accidents, and completely remove the unequal rights and interests between rural hukou and urban hukou. Wang Mengmeng, a deputy to the National People's Congress, also paid close attention to this phenomenon. "In practice, some provinces are dealing with traffic accidents

Edit:Ying Ying    Responsible editor:Shen Chen

Source:legaldaily.com

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