Compensation for death in traffic accidents is calculated according to the per capita disposable income of urban residents or per capita net income of rural residents in the previous year where the court is located. The death compensation should be determined according to the identity of the victim, and the compensation standard can be divided into urban and rural standards; Urban residents shall be compensated according to the per capita disposable income of urban residents in the previous year where the court is located; Rural residents are calculated according to the per capita net income of rural residents in the previous year where the court is located. In practice, it is common to adopt the principle of household registration as the main review, supplemented by income and residence. The employment, settlement and settlement of rural residents in cities and towns are very common. The income and living expenses of these rural residents are no different from those of urban residents. Therefore, it is more fair to take the place where the deceased often lives as the condition for applying urban or rural standards It is more practical and more in line with the original legislative intent. In addition, if several victims died in the same accident, if one of them meets the urban standard, the other victims will also apply the urban standard compensation, that is, "the same life, the same price". Article 29 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, the death compensation shall be calculated by 20 years according to the per capita disposable income of urban residents or per capita net income of rural residents in the previous year 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.
