China News Service, April 27th, according to the website of the Supreme People's Court, the Supreme People's Court issued the "Decision 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"), The compensation for disability, death and the living expenses of the dependants were revised from the original urban and rural compensation standards to the unified calculation of urban residents.
The "Decision" mentioned that in order to thoroughly implement the major decision-making arrangements of the CPC Central Committee on establishing and improving the urban-rural integrated development system, mechanism and policy system and the requirements of "reforming the personal injury compensation system and unifying the compensation standards for urban and rural residents", February 15, 2022 , the 1864th meeting of the Judicial Committee of the Supreme People's Court discussed and approved 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", which will be effective from May 1, 2022 implement.
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 "Personal Injury Compensation Interpretation") This revision is to implement the Party Central Committee's "reform of the personal injury compensation system and unify the compensation standards for urban and rural residents". requirements, focusing on the unification of compensation standards in urban and rural areas.
The amendment involves six articles, Article 12, Article 15, Article 17, Article 18, Article 22, and Article 24 of the Interpretation of Personal Injury Compensation. The original compensation standards for urban and rural areas have been revised to uniformly use urban residents' standards for calculation.
The main contents are: the compensation for disability and death shall be calculated according to the per capita disposable income of urban residents from the original standard of per capita disposable income of urban residents or the standard of per capita net income of rural residents; The standard calculation of per capita consumption expenditure of residents or per capita annual living consumption expenditure of rural residents is revised to be calculated according to the standard of per capita consumption expenditure of urban residents.
Disability compensation, death compensation and living expenses of dependents are no longer calculated separately for urban and rural residents, but are calculated uniformly according to the urban residents indicators of provinces, autonomous regions, municipalities directly under the Central Government, special economic zones and cities under separate state planning announced by the government statistics department.
Mainly based on the following considerations:
First, the uniform adoption of the urban resident standard is a summary of the pilot work experience.
On September 2, 2019, the Supreme People's Court issued the "Notice on Authorizing the Pilot Program of Unifying the Compensation Standards for Personal Injury in Urban and Rural Areas", authorizing the high courts to carry out the pilot work of unifying the compensation standards for urban and rural residents in cases of disputes over personal injury compensation within their jurisdictions.
During the pilot process, local courts carried out work according to the actual conditions of their jurisdictions, and adopted different approaches, mainly including two approaches of unifying the standards for urban residents and unifying the standards for all residents.
In general, the standard of all residents is higher than that of rural residents, but lower than that of urban residents.
According to the statistics in the first half of 2021, 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.
In August 2021, the Supreme People's Court issued the "Notice on Further Promoting the Unification of Personal Injury Compensation Standards for Urban and Rural Pilot Work", requiring local courts to expand the scope of the pilot program and unify the compensation standards to those for urban residents.
According to the reports from various places, the pilot work is running smoothly and the overall effect is good.
Second, the uniform use of urban residents standards can more fully protect the interests of victims.
Especially if the victims are rural residents, the amount of compensation will be greatly increased.
In the pilot process, there are also places where the calculation is based on the standard of all residents.
However, taking into account that if the standard for all residents is uniformly adopted, the existing compensation amount for victims of urban residents may be reduced.
Adopting the standard for urban residents can take into account the overall situation of the victims of urban residents and victims of rural residents, and better protect the legitimate rights and interests of the people.
Third, the uniform adoption of the urban resident standard is in line with the current development trend of urbanization in my country.
According to the seventh national census bulletin, the proportion of the population currently living in cities and towns has reached 63.89% of the total population.
Compared with the sixth national census in 2010, the proportion of urban population increased by 14.21 percentage points.
With the further advancement of urbanization in my country, it is foreseeable that the proportion of urban population will further increase in the future.
It is unified as the standard of urban residents, which is in line with the development trend of urbanization in my country.