Personal injury compensation cases

Author: Li Ke
Publisher:
Publish Date: 2004-07-01
Features: This book is one of the "Case Law Series," a set of "Case Law" series that is close to life, practice, and the masses. In China's judicial practice, tort cases have always been the main type of civil cases accepted by people's courts. In tort law, personal injury compensation is one of the most practical issues, being the most widely applicable, complex, and controversial among the three types of tort compensation (personal injury compensation, property damage compensation, and mental damage compensation). Currently, China's personal injury compensation system is experiencing unprecedented development trends. From the landmark establishment of the personal injury compensation system in the "General Principles of Civil Law" to the exploratory remedies in the "Supplementary Opinions of the Supreme People's Court on Several Issues Concerning the Implementation of the 'General Principles of Civil Law of the People's Republic of China' (Trial)," and then to the promulgation and implementation of the "Measures for Handling Traffic Accident Cases," the "Product Quality Law," the "Consumer Rights Protection Law," and the "State Compensation Law," which have bloomed comprehensively in different fields, providing varying degrees of supplementation and attempts to the personal injury compensation system, opening up a path for the comprehensive establishment of a perfect personal injury compensation system. After the 21st century, the successive promulgation of the "Interpretation of the Supreme People's Court on Several Issues Concerning the Trial of Personal Injury Compensation Cases" and the "Interpretation of the Supreme People's Court on Several Issues Concerning the Determination of Civil Tort Mental Damage Compensation Liability" marked the basic maturity and perfection of China's personal injury compensation system. However, despite the significant progress in the construction of China's current personal injury compensation system, many problems and defects still exist. For example, the system of the personal injury compensation system is rather chaotic, the content of the basic law is vague and incomplete, and the content of single acts, administrative regulations, and judicial interpretations conflicts with each other, each acting independently, which brings confusion and bewilderment to judicial practice. Undoubtedly, 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") promulgated on December 29, 2003, and implemented on May 1, 2004, provides a basis for solving the aforementioned difficulties and plays a role in promoting the further improvement of China's personal injury compensation system. This interpretation is a summary of the long-term practical experience in China's personal injury compensation cases, as well as the absorption and reference of advanced concepts and experiences contained in domestic and international personal injury compensation cases and doctrines, providing a legal basis that is both operational and academically sound for the current trial of personal injury cases in China. To timely promote the understanding of the essence of the "Interpretation of Personal Injury Compensation" and its application in judicial practice, transforming it into a powerful weapon for personal injury compensation, we have carefully studied the content of the "Interpretation of Personal Injury Compensation" and enriched and deepened it from an academic perspective, ultimately meticulously presenting this book, "Personal Injury Compensation Cases." This book carefully selects typical and controversial difficult cases from judicial practice, using the specific provisions and relevant principles of the "Interpretation of Personal Injury Compensation" to analyze the cases from new angles and perspectives, tracing the root causes, striving for each case to have a different starting point, clear structure, balanced rhythm, and fresh insights, guiding the legal system with academic theory and interpreting academic theory with practice. Through the close integration of academic theory, legislation, and practice, mutual verification, and joint efforts, we aim to continuously promote the perfection of China's personal injury compensation system. In the process of compiling this book, we have referred to and drawn on existing research achievements and relevant materials both domestically and internationally, for which we express our gratitude. Due to the urgency of time, limited expertise, and the controversial nature of much of the content, omissions and differing opinions are inevitable. We sincerely invite the readers to criticize and correct our shortcomings and offer valuable advice.