Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Cases Concerning Compensation for Personal Injury
The Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases is to correctly try personal injury compensation cases and protect the legitimate rights and interests of the parties according to law. According to the General Principles of the Civil Law of the People's Republic of China, the Civil Procedure Law of the People's Republic of China and other relevant laws and regulations, and in combination with trial practice,Explanations on issues relating to applicable law.[3]
Adopted at the 1299th meeting of the Judicial Committee of the Supreme People's Court on December 4, 2003, promulgated by the Supreme People's Court on December 26, 2003, and effective as of May 1, 2004.
Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases(Adopted at the 1299th meeting of the Judicial Committee of the Supreme People's Court on December 4, 2003, in accordance with the Supreme People's Court's Decision on Amending the Trade Union Law of the People's Republic of China in Civil Justice adopted at the 1823rd meeting of the Judicial Committee of the Supreme People's Court on December 23, 2020Interpretations of Several Issues "and 27 Decisions on Judicial Interpretations of Civil Category (revised) Fa Shi [2020] No. 17[1]
On February 15, 2022, the 1864th meeting of the Judicial Committee of the Supreme People's Court discussed and adopted the Decision of the Supreme People's Court on Amending the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases (hereinafter referred to as the Decision), which will come into force on May 1, 2022.[5]
Chinese name
Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Cases Concerning Compensation for Personal Injury
Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases(Adopted at the 1299th meeting of the Judicial Committee of the Supreme People's Court on December 4, 2003, in accordance with the Supreme People's Court's Decision on Amending the Trade Union Law of the People's Republic of China in Civil Justice adopted at the 1823rd meeting of the Judicial Committee of the Supreme People's Court on December 23, 2020Interpretation of Several Issues, etc.)[2]
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This interpretation is formulated in accordance with the Civil Code of the People's Republic of China, the Civil Procedure Law of the People's Republic of China and other relevant laws and regulations, and in combination with trial practice, in order to correctly hear cases of personal injury compensation and protect the legitimate rights and interests of the parties in accordance with the law.
Article 1 The people's court shall accept a lawsuit filed by the person with the right of compensation to claim material and mental damages from the person with the obligation of compensation for the infringement of his life, body and health.
The term "compensation obligee" as mentioned in this article refers to the victim who directly suffers from personal injury due to infringement or other causes of injury, as well as the close relatives of the deceased victim.
The term "obligor for compensation" as mentioned in this Article refers to a natural person, legal person or an organization without legal personality that should bear civil liability according to law because of its own or another's tort and other causes of harm.
Article 2 Where the obligee of compensation brings a lawsuit against some joint infringers, the people's court shall add other joint infringers as joint defendants.If the obligee of compensation waives the claim against some of the joint infringers in the litigation, the other joint infringers shall not be jointly and severally liable for the share of compensation that the defendant who has abandoned the claim should bear.If the scope of liability is difficult to determine, it is presumed that all joint infringers bear the same liability.
The people's court shall inform the obligee of the legal consequences of waiving the claim, and state the circumstances of waiving the claim in the legal document.
Article 3 If a worker of an employer who should participate in the overall plan of industrial injury insurance according to law suffers personal injury due to an industrial injury accident, and the worker or his close relatives file a lawsuit with the people's court to request the employer to assume civil compensation liability, they shall be informed to deal with it according to the Regulations on Industrial Injury Insurance.
The people's court shall support the claim of the obligee for the third party to bear civil liability for compensation for the personal injury caused by the infringement of a third party other than the employer.
Article 4 If helping workers who provide free labor services cause harm to others in helping activities, the helped workers shall be liable for compensation.The people's court shall support those who have been helped to claim compensation from the help workers who have committed intentional or gross negligence after assuming the liability for compensation.If the helped worker explicitly refuses to help, he shall not be liable for compensation.
Article 5 If a helping worker who provides free labor services suffers from personal injury due to helping activities, he shall bear the corresponding responsibility according to the fault of the helping worker and the helped worker;If the helped worker explicitly refuses to help, the helped worker shall not be liable for compensation, but may make appropriate compensation within the benefit range.
If a helping worker suffers personal injury due to the behavior of a third person in helping activities, he has the right to request the third person to bear the liability for compensation, and also has the right to request the helped worker to make appropriate compensation.After being compensated, the helped workers can claim compensation from a third person.
Article 6 The medical expenses shall be determined according to the medical expenses, hospitalization expenses and other collection vouchers issued by medical institutions, combined with medical records, diagnosis certificates and other relevant evidence.If the compensation obligor disagrees with the necessity and rationality of treatment, it shall bear the corresponding burden of proof.
The amount of compensation for medical expenses shall be determined according to the amount actually incurred before the end of the court debate in the first instance.The compensation obligee may file a separate lawsuit after the actual occurrence of the necessary rehabilitation fees, appropriate plastic surgery fees and other follow-up treatment fees for organ function recovery training.However, the necessary expenses determined according to the medical certificate or the expert conclusion may be compensated together with the medical expenses already incurred.
Article 7 The lost time fee shall be determined according to the lost time and income of the victim.
The time of missing work is determined according to the certificate issued by the medical institution where the victim receives treatment.If the victim is disabled due to injury and continues to be absent from work, the time of absence from work may be calculated to the day before the date of disability determination.
If the victim has a fixed income, the lost wages shall be calculated according to the actual reduced income.If the victim has no fixed income, it shall be calculated according to the average income of the last three years;If the victim is unable to provide evidence to prove his average income in the last three years, he may calculate it by reference to the average wages of employees in the same or similar industries in the place where the court is located in the previous year.
Article 8 Nursing fees shall be determined according to the income of nursing staff, the number of nurses and the duration of nursing.
If the nursing staff has income, it shall be calculated by reference to the provisions of the lost time fee;If a nurse has no income or employs a nurse, it shall be calculated with reference to the remuneration standard of the local nurse for nursing at the same level.In principle, there is one nurse, but if the medical institution or appraisal institution has a clear opinion, the number of nurses can be determined by reference.
The duration of care shall be calculated until the victim recovers the ability of self-care.If the victim is unable to recover his/her ability to take care of himself/herself due to disability, a reasonable nursing period may be determined according to his/her age, health status and other factors, but the longest period shall not exceed 20 years.
The level of nursing care for the victim after determination of disability shall be determined according to the degree of dependence on nursing care and in combination with the preparation of disability aids.
Article 9 The traffic expenses shall be calculated on the basis of the actual expenses incurred by the victim and his necessary accompanying personnel for medical treatment or transfer to another hospital for treatment.The transportation fee shall be based on official bills;The relevant vouchers shall be consistent with the place, time, number and frequency of medical treatment.
Article 10 The food allowance for hospitalization may be determined by reference to the food allowance standard for business trips of ordinary staff of local state organs.
If the victim really needs to go to other places for treatment and cannot be hospitalized due to objective reasons, the reasonable part of the accommodation and food expenses actually incurred by the victim and his/her caregivers shall be compensated.
Article 11 The nutrition fee shall be determined according to the injury and disability of the victim with reference to the opinions of the medical institution.
Article 12 Disability compensation shall be calculated for 20 years from the date of determination of disability according to the degree of incapacity or disability level of the victim and the per capita disposable income of urban residents in the previous year in the place where the court is located.However, for those over 60 years of age, one year will be reduced for each additional year of age;If they are over 75 years old, they shall be counted as five years.
If the victim is disabled due to injury but his actual income has not decreased, or if his disability level is relatively low but his employment is seriously affected due to occupational hindrance, the disability compensation may be adjusted accordingly.[7]
Article 13 The cost of auxiliary devices for the disabled shall be calculated according to the reasonable cost standard of ordinary and applicable devices.If the injury has special needs, the corresponding reasonable cost standard can be determined with reference to the opinions of the auxiliary appliance preparation organization.
The replacement cycle and compensation period of auxiliary equipment shall be determined by reference to the opinions of the preparation organization.
Article 14 Funeral expenses shall be calculated on the basis of the average monthly salary of the staff and workers in the previous year in the place where the court is located, and shall be calculated on the basis of the total amount of six months.
Article 15 The death compensation shall be calculated by twenty years according to the per capita disposable income of urban residents in the previous year in the place where the court is located.However, for those over 60 years of age, one year will be reduced for each additional year of age;If they are over 75 years old, they shall be counted as five years.[7]
Article 16 The living expenses of the dependants shall be included in the disability compensation or death compensation.
Article 17 The living expenses of the dependents shall be calculated on the basis of the degree of their incapacity to work and the per capita consumption expenditure of urban residents in the previous year in the place where the court is located.If the supported person is a minor, he shall be counted to the age of 18;If the dependant has no ability to work and no other source of income, 20 years shall be counted.However, for those over 60 years of age, one year will be reduced for each additional year of age;If they are over 75 years old, they shall be counted as five years.[7]
The term "dependant" refers to a minor who should bear the obligation to support the victim according to law or an adult near relative who has lost the ability to work and has no other source of income.If the dependant has other dependants, the compensation obligor shall only compensate the part that the victim should bear according to law.If there are several dependants, the total amount of annual compensation shall not exceed the per capita consumption expenditure of urban residents in the previous year.[7]
Article 18 Where the claimant to compensation provides evidence to prove that the per capita disposable income of urban residents in his domicile or habitual residence is higher than the standard in the place where the court is located, the disability compensation or death compensation may be calculated according to the relevant standard in his domicile or habitual residence.[7]
The relevant calculation standards for the living expenses of the dependants shall be determined in accordance with the principles of the preceding paragraph.[7]
Article 19 The people's court shall accept a lawsuit filed by the person with the right to compensation to request continued payment of nursing fees, auxiliary equipment fees or disability compensation after the fixed period of care, the payment period of auxiliary equipment fees or the payment period of disability compensation is exceeded.If the person who has the right to compensation really needs to continue nursing and preparing auxiliary equipment, or does not have the ability to work and source of income, the people's court shall order the compensation obligor to continue to pay the relevant expenses for five to ten years.
Article 20 Where a compensation obligor claims to pay disability compensation and fees for auxiliary equipment in the form of fixed payments, it shall provide corresponding guarantees.The people's court may, according to the payment ability of the compensation obligor and the provision of guarantee, determine to pay the relevant expenses in the form of a fixed sum.However, the expenses, death compensation and emotional distress compensation incurred before the end of the court debate in the first instance shall be paid in a lump sum.
Article 21 The people's court shall specify in the legal document the time and method of payment of the fixed deposit and the standard for payment of each installment.If the relevant statistical data change during the execution period, the payment amount shall be adjusted accordingly in due time.
The fixed amount shall be paid according to the actual life of the compensation obligee, and shall not be subject to the limitation of the compensation period in this interpretation.
Article 22 The terms' per capita disposable income of urban residents', 'per capita consumption expenditure of urban residents' and' average wages of employees' as used in this interpretation shall be determined according to the relevant statistical data of the previous year published by the government statistics department of each province, autonomous region, municipality directly under the Central Government, as well as the special economic zones and cities specifically designated in the state plan.[7]
"The 'previous year' refers to the last statistical year when the court debate of first instance ended."[7]
Article 23 The compensation for mental damage shall be determined according to the Interpretation of the Supreme People's Court on Several Issues Concerning the Determination of Compensation Liability for Mental Damage in Civil Torts.
Article 24 These Interpretations shall come into force as of May 1, 2022.These Interpretations shall apply to cases of personal injury compensation caused by torts after the enforcement.[7]
If the judicial interpretation previously issued by the Court is inconsistent with this interpretation, this interpretation shall prevail.[7]
This Decision shall come into force as of May 1, 2022.[7]
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At the th meeting of the Judicial Committee of the Supreme People's Court, the following amendments were made to the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Cases of Compensation for Personal Injury:
1、 Article 12 is revised to read: "Disability compensation shall be calculated for 20 years from the date of determination of disability according to the degree of incapacity or disability level of the victim and the per capita disposable income of urban residents in the previous year in the place where the court is located. However, if the victim is over 60 years old, it shall be reduced by one year for each additional year of age; if the victim is over 75 years old, it shall be calculated by five years.
If the victim is disabled due to injury but his actual income has not decreased, or if his disability level is relatively low but his employment is seriously affected due to occupational hindrance, the disability compensation may be adjusted accordingly. "
2、 Article 15 is revised to read: "Death compensation shall be calculated by 20 years according to the per capita disposable income of urban residents in the previous year where the court is located. However, for those over 60 years of age, it shall be reduced by one year for each additional year of age; for those over 75 years of age, it shall be calculated by five years."
3、 Article 17 is revised to read: "The living expenses of the dependants shall be calculated according to the degree of the loss of working ability of the dependants and the per capita consumption expenditure of urban residents in the place where the court is located in the previous year. If the dependants are minors, they shall be calculated to the age of 18; if the dependants are unable to work and have no other sources of income, they shall be calculated for 20 years.".However, for those over 60 years of age, one year will be reduced for each additional year of age;If they are over 75 years old, they shall be counted as five years.
The term "dependant" refers to a minor who should bear the obligation to support the victim according to law or an adult near relative who has lost the ability to work and has no other source of income.If the dependant has other dependants, the compensation obligor shall only compensate the part that the victim should bear according to law.If there are several dependants, the total amount of annual compensation shall not exceed the per capita consumption expenditure of urban residents in the previous year. "
4、 Article 18 is revised to read: "If the compensation obligee provides evidence to prove that the per capita disposable income of urban residents in his domicile or habitual residence is higher than the standard in the place where the court is located, the disability compensation or death compensation may be calculated according to the relevant standards in his domicile or habitual residence.
The relevant calculation standards for the living expenses of the dependants shall be determined in accordance with the principles of the preceding paragraph. "
5、 Article 22 is revised to read "For the purposes of this interpretation, the terms' per capita disposable income of urban residents', 'per capita consumption expenditure of urban residents' and' average wages of employees' shall be determined according to the relevant statistical data of the previous year published by the government statistics department of each province, autonomous region, municipality directly under the Central Government, special economic zone and city specifically designated in the state plan.
'Previous year' refers to the last statistical year when the court debate of first instance ended. "
6、 Article 24 is revised to read: "This interpretation shall come into force as of, 202.
If the judicial interpretation previously issued by the Court is inconsistent with this interpretation, this interpretation shall prevail. "[4]
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In order to thoroughly implement the major decision and deployment of the CPC Central Committee on establishing and improving the system, mechanism and policy system of integrated urban and rural development and the requirements of "reforming the compensation system for personal injury and unifying the compensation standards for urban and rural residents", on February 15, 2022,The 1864th session of the Judicial Committee of the Supreme People's Court discussed and adopted the Decision of the Supreme People's Court on Amending the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases (hereinafter referred to as the Decision), which will come into force on May 1, 2022.The background and main contents of the Decision are as follows:[5]
1、 Background of the Decision
In order to unify the application of laws related to personal injury compensation dispute cases, the Supreme People's Court's Interpretation of Several Issues Concerning the Application of Laws in Hearing Personal Injury Compensation Cases (hereinafter referred to as the Interpretation of Personal Injury Compensation), published in December 2003, stipulates disability compensationThe death compensation shall be calculated according to the per capita disposable income of urban residents or the per capita net income of rural residents, and the living expenses of the dependants shall be calculated according to the per capita consumption expenditure of urban residents and the per capita annual living consumption expenditure of rural residents.The regulations were formulated in the context of the urban and rural household registration system and the urban-rural dual structure based on the basic national conditions of China's economic and social development at that time.
With the promotion of the reform of the household registration system and the continuous development of the economy and society, the gap between urban and rural areas has gradually narrowed, and the standard of compensation for personal injury is facing new situations.On July 24, 2014, the State Council issued the Opinions on Further Promoting the Reform of the Household Registration System, which proposed specific policies and measures to further promote the reform of the household registration system. In the opinion of Article 3 "Innovative Population Management", it proposed to "establish a unified urban and rural household registration system""The distinction between agricultural and non-agricultural hukou in nature and the derived blue print hukou and other types will be cancelled, and they will be uniformly registered as resident hukou".On February 9, 2017, the Ministry of Public Security held a special video training meeting on the reform of the national household registration system. The meeting pointed out that the policy framework for the reform of the household registration system had been basically completed, the unified urban and rural household registration system had been fully established, and the distinction between agricultural and non-agricultural household registration had been eliminated in various regions.
On April 15, 2019, the Central Committee of the Communist Party of China and the State Council issued the Opinions on Establishing and Improving the System, Mechanism and Policy System of Integrated Urban and Rural Development, which clearly put forward the requirements of "reforming the compensation system for personal injury and unifying the compensation standards for urban and rural residents".In order to implement the requirements of the Central Committee of the Communist Party of China, the Supreme People's Court issued the Notice on Authorizing the Implementation of the Pilot Program for the Unification of Compensation Standards for Personal Injury in Urban and Rural Areas on September 2, 2019, authorizing the high courts to carry out the pilot program for the unification of compensation standards for urban and rural residents in cases of personal injury compensation disputes within their jurisdiction.
In order to further promote the unification of compensation standards for urban and rural residents, the Supreme People's Court initiated the revision of the Interpretation of Compensation for Personal Injury on the basis of summarizing the experience of pilot work.This Decision is formulated on the basis of repeated research and demonstration after in-depth research and demonstration, and public consultation with the whole society.Revising the Interpretation on Compensation for Personal Injury and unifying the compensation standards for urban and rural residents are important measures taken by the People's Court to conscientiously implement the major decision deployment of the Party Central Committee with Comrade Xi Jinping at the core on establishing and improving the system, mechanism and policy system for integrated urban and rural development, as well as the requirements of "reforming the compensation system for personal injury and unifying the compensation standards for urban and rural residents".
2、 Main contents of the Decision
This revision of the Interpretation of Compensation for Personal Injury is to implement the requirements of the CPC Central Committee on "reforming the compensation system for personal injury and unifying the compensation standards for urban and rural residents", and focus on the issue of unifying the compensation standards for urban and rural residents.The revision involves six articles, namely, Article 12, 15, 17, 18, 22, and 24 of the Interpretation of Compensation for Personal Injury. The disability compensation, death compensation, and living expenses of dependants are revised from the original urban and rural compensation standard to the unified urban resident standard.The main contents are as follows: the disability compensation and death compensation are revised from the per capita disposable income of urban residents or the per capita net income of rural residents to the per capita disposable income of urban residents;The living expenses of the dependants are revised from the original standard of per capita consumption expenditure of urban residents or per capita annual living consumption expenditure of rural residents to the standard of per capita consumption expenditure of urban residents.Disability compensation, death compensation and living expenses of dependants are no longer calculated separately for urban and rural residents, but are calculated in accordance with the urban residents' indicators of 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.Mainly based on the following considerations:
First, the unified adoption of standards for urban residents is a summary of the pilot work experience.On September 2, 2019, the Supreme People's Court issued the Notice on Authorizing the Pilot Work of Unifying the Compensation Standards for Personal Injury in Urban and Rural Areas, authorizing all high courts to carry out the pilot work of unifying the compensation standards for urban and rural residents in cases of personal injury compensation disputes within their jurisdiction.In the pilot process, the courts in various regions carried out their work according to the actual situation of their jurisdictions and adopted different approaches, mainly including the unified approach to urban residents and the unified approach to all residents.In general, the standard for all residents is higher than that for rural residents, but lower than that for urban residents.According to the statistics in the first half of 2021, 26 provinces, autonomous regions, municipalities directly under the Central Government and Xinjiang Production and Construction Corps have adopted the practice of unifying the standards for urban residents in the pilot work.In August 2021, the Supreme People's Court issued the Notice on Further Promoting the Pilot Work of Urban and Rural Unification of Personal Injury Compensation Standards, requiring local courts to expand the scope of the pilot and unify the compensation standards to urban residents.According to local reports, the pilot work is running smoothly and the overall effect is good.
Second, the unified adoption of urban residents' standards can more fully protect the interests of victims.Especially if the victim is a rural resident, the amount of compensation will be greatly increased.In the pilot process, there are also places that adopt the standard of all residents.However, considering that if the standard of all residents is adopted uniformly, the existing compensation amount of urban residents' victims may be reduced.The adoption of urban residents' standards can give consideration to the overall situation of urban residents' victims and rural residents' victims, and better protect the legitimate rights and interests of the people.
Third, the unified adoption of urban residents' standards is consistent with the current trend of urbanization in China.According to the communiqu é of the seventh national population census, the current proportion of the population living in cities and towns in the total population has reached 63.89%.Compared with the sixth national population census in 2010, the proportion of urban population increased by 14.21 percentage points.With the further development of urbanization in China, it can be predicted that the proportion of urban population will further increase in the future.It is unified as the standard for urban residents, which conforms to the development trend of urbanization in China.
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In order to thoroughly implement the major decision and deployment of the CPC Central Committee on establishing and improving the system, mechanism and policy system of integrated urban and rural development and the requirements of "reforming the compensation system for personal injury and unifying the compensation standards for urban and rural residents", on February 15, 2022,The 1864th session of the Judicial Committee of the Supreme People's Court discussed and adopted the Decision of the Supreme People's Court on Amending the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases (hereinafter referred to as the Decision), which will come into force on May 1, 2022.The head of the First Civil Division of the Supreme People's Court answered questions from reporters on the Decision.
Q: It is understood that the Supreme People's Court issued a notice in 2019 authorizing all regions to carry out the pilot work of unifying the compensation standards for urban and rural residents in personal injury compensation cases. Please introduce the implementation of the pilot work.
Answer: On September 2, 2019, our court issued the Notice on Authorizing the Pilot Program for the Unification of Urban and Rural Compensation Standards for Personal Injury (hereinafter referred to as the "Notice"), authorizing the higher people's courts to carry out the pilot program for the unification of urban and rural residents' compensation standards for personal injury compensation disputes within their jurisdiction.
After the issuance of the Notice, the higher people's courts attached great importance to it, actively deployed it and steadily promoted it.Each region carried out pilot work according to the actual situation of its jurisdiction, and adopted different approaches in terms of the scope of pilot areas, types of pilot cases, and compensation calculation standards.According to our statistics in the first half of 2021 and according to the scope of pilot areas, there are two ways to carry out pilot projects in the whole area and in some areas within the area;According to the type of pilot cases, some provinces, autonomous regions, and municipalities directly under the Central Government carry out pilot work in all civil disputes related to personal injury compensation, and some carry out pilot work in some types of cases such as motor vehicle traffic accident liability disputes;In terms of compensation standards, there are mainly two approaches: urban residents' standard and all residents' standard. Some provinces and cities have explored and adopted other standards.Among them, 26 provinces, autonomous regions, municipalities directly under the Central Government and the Xinjiang Production and Construction Corps have adopted the practice of unifying the standards for urban residents in the pilot work.
The overall operation of the pilot work is stable and the effect is good.Because of the uniform compensation standard, many parties to disputes can resolve disputes through negotiation, and the number of cases entering the litigation process is reduced.For example, in 2019, Hebei courts accepted cases of motor vehicle traffic accident liability disputes, a year-on-year decrease of 21.26%.The difficulty of case trial is reduced, the trial time is shortened, and the appeal rate is reduced, which also reduces the litigation burden of the parties.It should be said that the pilot work of more than two years has accumulated rich practical experience and laid a good foundation for the further unification of judicial interpretation modification and law application.
Q: Please talk about the significance and role of the revision of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases (hereinafter referred to as the Interpretation of Personal Injury Compensation) to unify the compensation standards for urban and rural residents.
A: First, revising the Interpretation on Compensation for Personal Injury and unifying the compensation standards for urban and rural residents are important measures taken by the People's Court to implement the major decisions and arrangements of the CPC Central Committee.It is a major decision made at the 19th National Congress of the Communist Party of China to establish and improve the system, mechanism and policy system of urban and rural integrated development.On April 15, 2019, the Central Committee of the Communist Party of China and the State Council issued the Opinions on Establishing and Improving the System, Mechanism and Policy System of Integrated Urban and Rural Development, which clearly put forward the requirements of "reforming the compensation system for personal injury and unifying the compensation standards for urban and rural residents".The Supreme People's Court adheres to the people centered development thought, deeply understands the significance of reforming the personal injury compensation system and unifying the compensation standards for urban and rural residents, gives full play to the role of the trial function, and implements the decisions and deployment of the CPC Central Committee.
Second, revising the Interpretation on Compensation for Personal Injury and unifying the compensation standards for urban and rural residents is an important aspect for the people's courts to provide judicial services and guarantees for comprehensively promoting the rural revitalization strategy.Establishing and improving the urban and rural integration development system and policy system is the institutional guarantee of the rural revitalization strategy, and unifying the compensation standard for urban and rural residents is an important part of establishing and improving the urban and rural integration development system and policy system.In the case of compensation for personal injury, the standard for urban residents is used to calculate disability compensation, death compensation and living expenses of dependants, so that rural residents can better share the dividend of reform, promote the integrated development of urban and rural areas, and constantly enhance the people's sense of security and sense of gain, especially rural residents.
Third, revising the Interpretation of Compensation for Personal Injury 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 large gap in the amount of compensation recognized for residents with different household registration status in urban and rural areas.For example, if the victim of a rural resident in Beijing, where the court of appeal is located, dies, the maximum death compensation (the living expenses of the dependants are included in the death compensation) will be about 1.02 million yuan if calculated according to the 2020 rural resident index published by the statistics department. After the revision of the Interpretation of Compensation for Personal Injury, the residents living in rural areas will also be calculated according to the urban resident index,The maximum 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 victims, especially those of rural residents.
Fourth, we should revise the Interpretation of Compensation for Personal Injury, unify the compensation standards for urban and rural residents, which can greatly reduce the litigation burden of the parties and optimize the allocation of judicial resources.In the past, in the case of personal injury compensation disputes, the court usually had to determine whether the urban residents' standard or the rural residents' standard should be used to calculate the amount of compensation in combination with the victim's domicile, habitual residence and other factors. The compensation right should apply the urban residents' standard in order to prove, which requires a heavier burden of proof. The court also needs to invest more energy in reviewing relevant evidence.After the compensation standard for urban and rural residents is unified, the difficulty of proof of the parties is greatly reduced, and the litigation burden of the parties is reduced.[6]
