"Interpretation of the Supreme People's Court on Several Issues Concerning the Applicable Law in the Trial of Personal Injury Compensation Cases"
In order to correctly hear personal injury compensation cases and protect the legitimate rights and interests of the parties in accordance with the law , according to the " Civil Code of the People's Republic of China " and the " Civil Code of the People 's Republic of China " This interpretation is formulated in conjunction with relevant legal provisions such as the Civil Procedure Law and trial practice.
Article 1 If the holder of the right to compensation sues to request the obligor to compensate for material damage or mental damage due to infringement of life , body , or health , the people's court shall accepted .
The term " compensation rights holder " as mentioned in this article refers to the victim who directly suffered personal injury due to infringement or other causes of harm , as well as the close relatives of the deceased victim . .
The term " compensation obligor " as mentioned in this article refers to the natural person or legal person who shall bear civil liability in accordance with the law due to his own or others' infringement or other causes of harm . person or unincorporated organization . _
Article 2 Where a compensation right holder sues some joint infringers , the people's court shall add other joint infringers as co - defendants . If the compensation right holder gives up his claim against some joint infringers during the lawsuit , the other joint infringers shall bear the compensation against the defendant who has given up his claim . No joint and several liability will be borne by the reimbursement share . If the scope of liability is difficult to determine , it is presumed that all joint tortfeasors bear equal liability .
The people's court shall inform the compensation obligee of the legal consequences of abandoning the litigation claim and state the circumstances of the abandonment of the litigation claim in the legal document .
Article 3 If an employee of an employer that is legally required to participate in the overall coordination of work- related injury insurance suffers personal injury due to a work-related injury accident , the employee or his close relatives shall file a lawsuit under the People's Law If the court files a lawsuit and requests the employer to bear civil liability for compensation , it will be informed that it shall be handled in accordance with the provisions of the Work Injury Insurance Regulations .
If a third party other than the employer causes personal injury to an employee due to infringement , and the right holder of the right to compensation requests the third party to bear civil liability for compensation , the people's court shall support the claim. hold .
Article 4 If a helper who provides labor services for free causes harm to others while engaging in help activities , the worker being helped shall bear liability for compensation . If a hired worker assumes compensation liability and seeks compensation from a hired worker who committed intentional or gross negligence , the people's court should support it . If the worker being helped explicitly refuses to help , he will not be liable for compensation .
Article 5 If a worker who provides labor services for free suffers personal injury due to his helping activities , he shall bear corresponding responsibilities based on the respective faults of the worker and the worker being helped ; If the worker explicitly refuses to help , the worker being helped will not be liable for compensation , but may be appropriately compensated within the scope of the benefit .
If a worker suffers personal injury due to the behavior of a third party during the helping activity , he has the right to request the third party to bear compensation liability , and also has the right to request appropriate compensation from the worker being helped . as compensation . After the injured worker is compensated , he can seek compensation from the third party .
Article 6 Medical expenses are determined based on the receipts for medical expenses , hospitalization fees and other receipts issued by medical institutions , combined with relevant evidence such as medical records and diagnosis certificates . If the person with the obligation to compensate has any objection to the necessity and rationality of the treatment , he shall bear the corresponding burden of proof .
The amount of compensation for medical expenses shall be determined based on the actual amount incurred before the conclusion of the first-instance court debate . For the necessary rehabilitation fees for organ function recovery training , appropriate plastic surgery fees , and other follow-up treatment fees , the compensation rights holder may sue separately after the actual occurrence . However , the expenses that must be incurred based on the medical certificate or appraisal conclusion can be compensated together with the medical expenses that have already been incurred.
Article 7 Lost work compensation is determined based on the victim ’s lost work time and income status .
Time missed from work is determined based on a certificate from the medical institution where the victim received treatment . If the victim continues to miss work due to injury and disability , the time missed from work can be calculated to the day before the disability date .
If the victim has a fixed income , the lost wages shall be calculated based on the actual reduction in income . If the victim has no fixed income , the calculation shall be based on his average income in the last three years ; if the victim cannot provide evidence to prove his average income in the last three years , the calculation may be It is calculated with reference to the average salary of employees in the same or similar industry in the previous year where the court where the lawsuit is filed is located .
Article 8 Nursing fees are determined based on the income status of the nursing staff , the number of caregivers , and the duration of care . If the nursing staff has income , the calculation shall be based on the regulations on lost work pay ; if the nursing staff has no income or hires a nursing worker , the calculation shall be based on the local nursing workers who engage in the same level of care. Calculation of labor remuneration standards .
In principle, the number of nursing staff is one person , but if the medical institution or appraisal institution has clear opinions , the number of nursing staff can be determined by reference .
The period of care shall be calculated until the victim regains his ability to take care of himself . If the victim is unable to regain the ability to take care of himself due to disability , a reasonable period of care may be determined based on his age , health status and other factors , but the maximum period shall not exceed two years . ten years .
After the victim is diagnosed with disability , the level of care should be determined based on his level of care dependence and the preparation of disability assistive devices .
Article 9 Transportation expenses are calculated based on the actual expenses incurred by the victim and his necessary accompanying persons for medical treatment or transfer to a hospital for treatment . Transportation expenses should be supported by official receipts ; relevant vouchers should be consistent with the location , time , number of people , and frequency of medical treatment .
Article 10 The hospitalization meal subsidy can be determined by referring to the business trip food subsidy standards for general staff of local state agencies .
If the victim does need to go to other places for treatment and cannot be hospitalized due to objective reasons , the accommodation and food expenses actually incurred by the victim and his accompanying persons shall be reasonable . Part should be compensated .
Article 11 Nutritional expenses are determined based on the victim’s disability and with reference to the opinions of the medical institution .
Article 12 Disability compensation shall be based on the degree of the victim’s loss of working ability or disability level , and shall be based on the per capita income of urban residents in the location of the court where the lawsuit is filed in the previous year . The distribution income standard is calculated based on twenty years from the date of disability determination . However, for those over 60 years old , the age will be reduced by one year for every additional year ; for those over 75 years old , it will be calculated as five years .
If the victim is disabled due to injury but his actual income is not reduced , or if the disability level is relatively minor but causes occupational hindrance that seriously affects his employment , he may be compensated for the disability. The gold will be adjusted accordingly .
Article 13 The cost of assistive devices for disabled people is calculated according to the reasonable cost standards of ordinary applicable devices . If the injury requires special needs , you can refer to the opinions of the assistive device dispensing agency to determine the corresponding reasonable fee standards .
The replacement cycle and compensation period of assistive devices shall be determined with reference to the opinions of the dispensing agency .
Article 14 Funeral expenses are calculated based on the average monthly wages of employees in the previous year at the location of the court where the suit is filed , and are calculated as a six-month total .
Article 15 Death compensation shall be calculated based on the per capita disposable income standard of urban residents in the previous year where the court where the suit is filed is located , and shall be calculated over twenty years . However, for those over 60 years old , the age will be reduced by one year for every additional year ; for those over 75 years old , it will be calculated as five years .
Article 16 The living expenses of the dependent shall be included in the disability compensation or death compensation .
Article 17 The dependent 's living expenses shall be based on the degree of the dependent 's loss of working ability and shall be based on the per capita consumption expenditure standards of urban residents in the previous year where the court where the lawsuit is filed is located. calculate . If the dependent is a minor , the period will be counted until the age of eighteen ; if the dependent is unable to work and has no other source of living , the period will be counted for twenty years . However, for those over 60 years old , the age will be reduced by one year for every additional year ; for those over 75 years old , it will be calculated as five years .
Dependents refer to minors who are legally obligated to support the victim or close adult relatives who have lost the ability to work and have no other source of income . If the dependent has other dependents , the person obligated to compensate shall only compensate the victim for the portion that he should bear according to law . If there are several dependents , the total annual compensation shall not exceed the per capita consumption expenditure of urban residents in the previous year .
Article 18 If the right holder of compensation provides evidence to prove that the per capita disposable income of urban residents in the place of his domicile or usual residence is higher than the standard for the location of the court where the suit is filed , the disability Compensation or death compensation may be calculated according to the relevant standards of the place of residence or habitual residence .
The relevant calculation standards for dependents ’ living expenses shall be determined in accordance with the principles of the preceding paragraph .
Article 19 If the specified nursing period , assistive device payment period or disability compensation payment period exceeds the determined period , the compensation obligee shall file a lawsuit in the people's court to request continuation . The people 's court shall accept the continued payment of nursing fees , assistive device fees or disability compensation . If the person obligated to compensation really needs to continue nursing care or preparing assistive devices , or has no ability to work and no source of livelihood , the people's court shall order the person obligated to compensate to continue to provide nursing care or assistive devices. Pay related fees for five to ten years .
Article 20 If the compensation obligor requests payment of disability compensation or assistive device fees in the form of fixed payments , he shall provide corresponding guarantees . The people 's court may determine the payment of relevant expenses in the form of fixed deposits based on the payment ability of the compensation obligor and the provision of guarantees . However , the expenses , death compensation and mental damage consolation that have been incurred before the conclusion of the first - instance court debate shall be paid in one lump sum.
Article 21 The people 's court shall specify in legal documents the time and method of payment of fixed payments as well as the payment standards for each period . If relevant statistical data changes during the implementation period , the payment amount shall be adjusted accordingly in a timely manner .
The periodic payment shall be paid according to the actual lifespan of the compensation obligee and shall not be limited by the compensation period in this interpretation . No.
Article 22 The terms “ per capita disposable income of urban residents ” , “ per capita consumption expenditure of urban residents ” and “ average wages of employees ” as used in this interpretation shall be determined in accordance with the statistics of the Government Statistics Department. Determine the relevant statistical data of the previous year for each province , autonomous region , municipality directly under the Central Government , special economic zones and cities under separate state planning published by the department .
" Previous year " refers to the previous statistical year at the end of the first-instance court debate .
Article 23 The consolation payment for mental damage shall be determined in accordance with the " Interpretations of the Supreme People 's Court on Several Issues Concerning Determination of Liability for Compensation for Mental Damage in Civil Torts".
Article 24 This interpretation will come into effect on May 1 , 2022 . _ _ This interpretation shall apply to personal injury compensation cases caused by tortious acts that occurred after implementation .
If the judicial interpretation previously issued by this court is inconsistent with this interpretation , this interpretation shall prevail .
