Across China: No more rural-urban gap in personal injury compensation – Xinhua

BEIJING, 23 May (Xinhua) — Due to the legal initiative to harmonize the requirements of personal injury, compensation claims increased for rural women who were injured by Zhong Qing (pseudonym).

A 31-year old Zhong lives together with her daughter and mother within Datang Village in the suburb of Changsha the capital city of China’s central Hunan Province. Since her family is the sole breadwinner Zhong earns a decent living through farming as well as running an online shop.

However, a car accident crashed Zhong’s calm life last February.

If Changsha had not instituted the pilot regulations that set standard for equal compensation both for urban and rural people, Zhong would have only got about 56,000 Yuan (about 8 298 U.S. dollars) for her claim, said the local judge. main court.

In September of 2019, when it was approved through the Supreme People’s Court (SPC) The modified personal injury compensation regulations were implemented by the provincial superior judges of people’s court.

Due to the pilot rule that was in effect, the court of local jurisdiction decided to make Zhong more than 120,000 Yuan for the form of claims. The court took into consideration the cost of work losses along with medical as well as dependent care costs according to urban living standards in Hunan.

The pilot regulations became an officially-approved rule that can be used across the country and has become starting on May 1st and extends to a wider range of personal injury.

The SPC specifies that the rural population will be compensated equally as urban counterparts in accordance with guidelines of the respective provincial level area in personal injury claims that result in death, disability and other dependent expenses. The amount of compensation is by calculating the urban resident’s disposable income per person or annual consumption expenses prior to the incident.

The previous compensation system made the line between urban and rural victims. The prior legislative system was based on the notion that compensation should be used to address losses in income of households. those living in urban areas with greater earnings are likely be impacted to a greater amount.

In a judicial examination prior to the regulation’s official implementation and implementation, the National People’s Congress said the distinctions in compensation for those living in rural areas and urban ones should be eliminated along with the smaller gap between rural and urban quality of life and development.

“Unified individual injury and compensation guarantees the same legal protection to both urban and rural residents This is a sign of that the advancement of society,” said Li Ji who is a police officer responsible for traffic accidents in China’s north. Tianjin Municipality.

Li spoke of an inter-regional case that occurred in February, where an elderly resident from the adjacent Hebei Province died in a vehicle crash in Tianjin.

As per the regulations for pilots and the police’s mediation process, victims’ relatives were compensated according to Tianjin city residents who live there, after discussions with the driver and the insurance firm.

As a matter of judicial procedure the plaintiffs from rural areas no longer have to show the need to adapt their claim to the urban norms, so plaintiffs are freed from the burden of proof stated Duan Haobo who is vice-presiding judge for the civil court that is part of the Tianjin Higher People’s Court. The judiciary’s uniformity improves the efficacy of decisions made by courts.

“The standard of compensation that is non-discriminatory reflects justice and fairness,” Duan added. #