Research on New Systems and Issues of Personal Injury Compensation

Author: Ma Jinliang
Publisher:
Publish Date: 2006-09-01
Features: Personal injury compensation cases hold a prominent position in the judicial practice of People's Courts. The "General Principles of the Civil Law of the People's Republic of China" and the "Supreme People's Court's Opinions on Several Issues Concerning the Implementation of the General Principles of the Civil Law of the People's Republic of China (Trial)" provide the basic legal basis for the People's Courts to adjudicate personal injury compensation cases. In recent years, with the development of China's economy and society, personal injury compensation cases have undergone significant changes in terms of type and quantity, bringing many new situations and issues to judicial practice. The existing regulations are no longer suitable for the urgent needs of current judicial practice. Therefore, the Supreme People's Court, after several years of effort, drafted the judicial interpretation for adjudicating personal injury compensation cases based on the long-term practical experience of China in handling such cases, as well as by drawing on advanced legislation and case law theories both domestically and internationally. On December 4, 2003, the 1299th meeting of the Judicial Committee of the Supreme People's Court approved it, and on December 29, 2003, the "Supreme People's Court's Interpretation on Several Issues Concerning the Application of Law in Adjudicating Personal Injury Compensation Cases" was published and implemented from May 1, 2004. This judicial interpretation primarily addresses some urgent issues in the judicial practice of personal injury compensation, such as the constitution of joint torts, the safety assurance obligations of operators, the liability of schools and other educational institutions, employer liability, the relationship between industrial injury compensation and civil damage compensation, periodic payment compensation, etc., and unifies the scope and standards of personal injury compensation. The issuance of this judicial interpretation is of great significance for strengthening the judicial protection of personal rights, further enhancing the awareness of respecting and safeguarding rights in the whole society; it resolves the long-standing issue in judicial practice where there were no unified regulations for the scope and standards of personal injury compensation, which was not conducive to the People's Courts adjudicating personal injury compensation cases in accordance with law and in a fair and timely manner. At the same time, this judicial interpretation actively explores several theoretical issues in the field of tort compensation, providing valuable experience for the drafting of the Civil Code.
To accurately understand the original intent of the "Supreme People's Court's Interpretation on Several Issues Concerning the Application of Law in Adjudicating Personal Injury Compensation Cases" and to apply it correctly in judicial practice, relevant comrades from the Supreme People's Court, as well as from the practical and theoretical circles, have written this "Practical Series of Judicial Interpretations on Personal Injury Compensation," with the judicial interpretation as the core, combining relevant legal norms of China concerning personal injury compensation. This series not only accurately and comprehensively expresses the spirit of the judicial interpretation but also fully and systematically reflects the content of China's legal norms on personal injury compensation. "Research on New Systems and Issues in Personal Injury Compensation" is one of the books in this series. It begins with new systems and issues in personal injury compensation, conducts systematic and in-depth research based on the legal system and legislative spirit of personal injury compensation recently introduced, as well as the new situations and issues that have emerged in judicial practice since the issuance of the Supreme People's Court's judicial interpretation on personal injury compensation. It not only conducts targeted research on new systems in personal injury compensation but also analyzes typical cases in practice through categorization. Particularly, it provides unique analysis and research on hot issues such as unequal compensation for equal lives, the liability of schools, employer liability, industrial accidents, of thrown objects, hazardous liability, and compensation for mental damages, among others, in the field of tort compensation. This book is the latest work on the application research of new systems in personal injury compensation and can serve as a reference for a broad readership.