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Member Shi Yiyun: unifying the judicial standard of personal injury compensation to avoid "different life with different price"

The interpretation of the Supreme People's Court on Several Issues concerning the application of the law in the cases of personal injury compensation distinguishes urban and rural standards on compensation items such as disability compensation, death compensation and living expenses of dependants, respectively, in accordance with the standard of per capita disposable income of urban residents and per capita net income of rural residents, per capita consumption expenditure of urban residents and rural residents. The average annual consumption expenditure standard is calculated. Therefore, in the case of personal injury compensation cases, the result is different from the standard of compensation and the amount of compensation. With the continuous development of the economy and society, especially the reform of the household registration system, the conditions of "the same life and the same price", that is, the compensation standard for the personal injury compensation, has been preliminarily possessed.

It is suggested that the People's Republic of China Tort Liability Act should be amended in a timely manner to further demonstrate the spirit of equality before the law and the progress of China's rule of law civilization.

Author: Chen Qijie       Editor in chief: Liu Xiaosi
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