Compensation standard for road traffic accident cases Since May 1 2004, the Regulations on the Implementation of the Road Traffic Safety Law has been formally implemented, and the Measures for Handling Road Traffic Accidents in the State Council have been abolished at the same time. In the past, the compensation items and standards for traffic accident damages were stipulated in the Measures, and the compensation items and standards for other cases involving personal injury compensation were also calculated with reference to the Measures. However, when the new regulations abolished the Measures for Handling Road Traffic Accidents, they did not stipulate the corresponding items and standards of damages, but stipulated in the second paragraph of Article 95 of the Regulations that "the items and standards of damages for traffic accidents shall be implemented in accordance with the provisions of relevant laws". This is of course in line with the legality and scientific spirit of legislation, but at present, there is no standard system for traffic accident compensation projects and standards ... traffic accident compensation standards (Guangdong Province, 2008)
In 2008, Guangdong Provincial Public Security Bureau: According to the statistical data provided by Guangdong Provincial Bureau of Statistics, our office has formulated the calculation standard for personal injury compensation related to road traffic accidents in Guangdong Province in 2008, which is hereby printed and distributed to you. From 0: 00 on May 30, 2008 to 24: 00 on May 29, 2009, all road traffic accidents were based on the compensation items and calculation methods stipulated in the Interpretation of the Supreme People's Court on Several Issues Concerning the Applicable Law in the Trial of Personal Injury Compensation Cases (Fa Shi [2003] No.20), and the personal injury compensation was calculated by applying this standard. Guangdong Provincial Public Security Department May 23, 2008 Schedule: 2008 Traffic Accident Compensation Standard (Guangdong ... Traffic Accident Mental Damage Compensation Standard)
The determination standard of compensation for mental damage in road traffic accidents refers to a civil legal system in which a natural person's personal rights are illegally violated, his personal interests and identity interests are damaged or he suffers mental pain, and the victim himself or his close relatives of the deceased ask the infringer for relief and protection in the form of property compensation. (I) Scope of application of compensation for mental damage caused by road traffic accidents The compensation for mental damage caused by personal injury caused by road traffic accidents shall be applicable to the following two situations: 1. Relief of mental pain and trauma caused by violation of the right to life of their close relatives. 2. Relief for mental pain caused by violation of the right to health of himself or his relatives. On the issue of compensation for mental damage, there is no clear compensation standard in laws, regulations and judicial interpretation ... Shenzhen traffic accident compensation standard (latest)
The Shenzhen Traffic Accident Compensation Standard (Latest 2007) states that the per capita disposable income of urban residents (yuan/year) is listed separately in the plan, and the per capita net income of rural residents is Shenzhen 32009 Special Economic Zone Zhuhai 19339 Shantou1KLOC-0/964 General Area160/KLOC. 507978 Per capita consumption expenditure of three urban residents (yuan/year) Shenzhen 23986 Special Economic Zone Zhuhai 16237 Shantou 9749 General Area 12432 Per capita annual living consumption expenditure of rural residents (yuan) 388597 Average salary of five employees (yuan/year) Shenzhen 490 13 Special Economic Zone Zhuhai.
On May 1 2004, the Regulations on the Implementation of the Road Traffic Safety Law was formally implemented, and the Measures of the State Council were abolished at the same time. In the past, the compensation items and standards for traffic accident damages were stipulated in the Measures, and the compensation items and standards for other cases involving personal injury compensation were also calculated with reference to the Measures. However, when the new regulations abolished the Measures, they did not stipulate the corresponding items and standards of damages, but stipulated in the second paragraph of Article 95 of the Regulations that "the items and standards of damages for traffic accidents shall be implemented in accordance with the provisions of relevant laws". This is of course in line with the legitimacy and scientific spirit of legislation, but at present, the state has not formulated corresponding laws on traffic accident compensation's projects and standards, and the standard of personal injury compensation is only ... traffic accident compensation.
Paragraph 2 of Article 95 of the Implementation Regulations formulated by the State Council stipulates: "The items and standards of traffic accident damage compensation shall be implemented in accordance with the provisions of relevant laws." According to this provision, the provisions of the General Principles of Civil Law should be applied to determine the scope and standard of compensation for losses caused by traffic accidents. The Interpretation of Several Issues Concerning the Application of Laws in the Trial of Personal Injury Compensation Cases, the Road Traffic Safety Law and its implementing regulations formulated by the Supreme People's Court came into effect on the same day, so the relevant provisions of the Interpretation can be applied to the scope and standards of personal injury compensation. Article 58 of the Procedural Regulations formulated by the Ministry of Public Security clearly stipulates that when conducting mediation, the public security organ shall calculate the total amount of personal injury compensation and property losses and determine the amount shared by all parties. Personal injury compensation ... traffic accident compensation principle.
After the loss caused by traffic accidents, the victims are most concerned about "who to claim compensation from" and "how much to lose". Article 76 of the Traffic Safety Law stipulates the principle of strict liability for civil compensation for traffic accidents between motor vehicles, pedestrians and non-motor vehicle drivers in order to protect traffic vulnerable groups. It is quite different from the past no-fault principle (compensation 10%). Generally speaking, the motor vehicle party shall bear civil liability. Unless it is proved that the damage was intentionally caused by the victim, and there is evidence that non-motor vehicle drivers and pedestrians are at fault, if the motor vehicle driver takes necessary measures, the liability for compensation may be reduced. The part of reducing liability is between 10% and 50%, which is not stipulated by laws and regulations. The Supreme Court is concerned with traffic accident damages ... traffic accidents and work-related injuries, Double Indemnity.
According to the Regulations on Work-related Injury Insurance, employees who are injured by motor vehicle accidents during working hours and workplaces, during going out due to work-related injuries, or when their whereabouts are unknown on the way to and from work belong to work-related injuries. Article 12 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Personal Injury Compensation Cases stipulates that if a worker suffers personal injury due to an industrial accident, he may request a third party to bear the liability for compensation according to the Regulations on Industrial Injury Insurance. Industrial injury insurance and traffic accident damage compensation are two different legal relationships. In essence, industrial injury insurance is an improvement of commercial insurance ... compensation standard for traffic accidents (Guangdong Province, 2007)
Guangdong Province Traffic Accident Compensation Standard (2007) Public Security Bureaus of various cities and counties: According to the statistical data and relevant regulations published by the Provincial Bureau of Statistics in 2006, the Guangdong Province 2007 Road Traffic Accident Personal Injury Compensation Calculation Standard is hereby issued to you. From 0: 00 on May 30, 2007 to 24: 00 on May 29, 2008, road traffic accidents were based on the compensation items and calculation methods stipulated in the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Personal Injury Compensation Cases (Fa Shi [2003] No.20), and the personal injury compensation was calculated by applying this standard. Please make this standard public. Schedule of Guangdong Provincial Public Security Department on May 29th, 2007: Guangdong Province Traffic Accident Compensation Standard (2007) ... Traffic Accident Compensation Standard (2006).
Guangdong Provincial Traffic Accident Compensation Standard (2006) serial number item target standard (yuan/year) states that the per capita disposable income of urban residents (yuan/year) is listed separately in the plan: Shenzhen 2866525 Special Economic Zone Zhuhai 1890773 Shantou 1229 17 General Area147.
Guangdong Traffic Accident Compensation Standard (2005) The road traffic accidents that occurred from 0: 00 on May 30, 2005 to 24: 00 on May 29, 2006 were calculated according to the compensation items and calculation methods stipulated in the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Personal Injury Compensation Cases (Fa Shi [2003] No.20), and this standard is applicable. The standard of serial number (yuan/year) means that the per capita disposable income of urban residents (yuan/year) is the compensation standard for traffic accidents in cities under separate state planning (Guangdong Province in 2004).
Guangdong Traffic Accident Compensation Standard (2004) The road traffic accidents that occurred from June 3, 2004 to 24: 00 on May 29, 2005, or the road traffic accidents that occurred before but have not been mediated, are calculated according to the compensation items and calculation methods stipulated in the Interpretation of the Supreme People's Court on Several Issues Concerning the Applicable Law in the Trial of Personal Injury Compensation Cases (Fa Shi No.200320), and this standard is applicable. Project standard (yuan/year) Per capita disposable income of urban residents in Shenzhen (yuan/year) 2390592 ... Traffic accident compensation standard (Guangdong Province in 2003)
Guangdong traffic accident compensation standard (2003) shows that the average annual living expenses are 8988 yuan, and the data of 2002 published by the Provincial Bureau of Statistics ... traffic accident disability assessment standard.
Ministry of Public Security [date of release] 2002- 12- 1 directory 1. Range 2. Terms and definitions. General principles of evaluation. Disability level 5. The classification of disability grades in Appendix A of the Supplementary Provisions is based on the comprehensive calculation method of multi-level disability in Appendix B and the classification of disability grades in the preface of Appendix C.. All technical contents of this standard are mandatory. This standard fully summarizes and absorbs the Ministry of Public Security 1992. On the basis of the implementation experience and the latest research results at home and abroad, the published safety industry standard "Disability Assessment of Injured Persons in Road Traffic Accidents" (GA35- 1992) was drafted. This standard further improves the classification of disability grades 10. While comprehensively standardizing the degree of human disability, it has also established a multi-level ... First, after a traffic accident, protect the scene and notify the insurance company. Who is the insurance company for traffic accident liability identification? How much is the third party compulsory liability insurance? The parties shall determine the motor vehicle driver, non-motor vehicle driver or pedestrian who shall bear the damages according to the responsibilities identified in the traffic accident confirmation made by the traffic brigade (such as no responsibility, partial responsibility, equal responsibility, most responsibility or all responsibility). Lawyer's suggestion: After a road traffic accident, the parties concerned should take reasonable rescue measures, call the police in time and protect the current compensation standard for road traffic accidents.
Compensation standard for road traffic accident cases Since May 1 2004, the Regulations on the Implementation of the Road Traffic Safety Law has been formally implemented, and the Measures for Handling Road Traffic Accidents in the State Council have been abolished at the same time. In the past, the compensation items and standards for traffic accident damages were stipulated in the Measures, and the compensation items and standards for other cases involving personal injury compensation were also calculated with reference to the Measures. However, when the new regulations abolished the Measures for Handling Road Traffic Accidents, they did not stipulate the corresponding items and standards of damages, but stipulated in the second paragraph of Article 95 of the Regulations that "the items and standards of damages for traffic accidents shall be implemented in accordance with the provisions of relevant laws". This is of course in line with the legality and scientific spirit of legislation, but at present, there is no standard system for traffic accident compensation projects and standards ... traffic accident compensation standards (Guangdong Province, 2008)
In 2008, Guangdong Provincial Public Security Bureau: According to the statistical data provided by Guangdong Provincial Bureau of Statistics, our office has formulated the calculation standard for personal injury compensation related to road traffic accidents in Guangdong Province in 2008, which is hereby printed and distributed to you. From 0: 00 on May 30, 2008 to 24: 00 on May 29, 2009, all road traffic accidents were based on the compensation items and calculation methods stipulated in the Interpretation of the Supreme People's Court on Several Issues Concerning the Applicable Law in the Trial of Personal Injury Compensation Cases (Fa Shi [2003] No.20), and the personal injury compensation was calculated by applying this standard. Guangdong Provincial Public Security Department May 23, 2008 Schedule: 2008 Traffic Accident Compensation Standard (Guangdong ... Traffic Accident Mental Damage Compensation Standard)
The determination standard of compensation for mental damage in road traffic accidents refers to a civil legal system in which a natural person's personal rights are illegally violated, his personal interests and identity interests are damaged or he suffers mental pain, and the victim himself or his close relatives of the deceased ask the infringer for relief and protection in the form of property compensation. (I) Scope of application of compensation for mental damage caused by road traffic accidents The compensation for mental damage caused by personal injury caused by road traffic accidents shall be applicable to the following two situations: 1. Relief of mental pain and trauma caused by violation of the right to life of their close relatives. 2. Relief for mental pain caused by violation of the right to health of himself or his relatives. On the issue of compensation for mental damage, there is no clear compensation standard in laws, regulations and judicial interpretation ... Shenzhen traffic accident compensation standard (latest)
The Shenzhen Traffic Accident Compensation Standard (Latest 2007) states that the per capita disposable income of urban residents (yuan/year) is listed separately in the plan, and the per capita net income of rural residents is Shenzhen 32009 Special Economic Zone Zhuhai 19339 Shantou1KLOC-0/964 General Area160/KLOC. 507978 Per capita consumption expenditure of three urban residents (yuan/year) Shenzhen 23986 Special Economic Zone Zhuhai 16237 Shantou 9749 General Area 12432 Per capita annual living consumption expenditure of rural residents (yuan) 388597 Average salary of five employees (yuan/year) Shenzhen 490 13 Special Economic Zone Zhuhai.
On May 1 2004, the Regulations on the Implementation of the Road Traffic Safety Law was formally implemented, and the Measures of the State Council were abolished at the same time. In the past, the compensation items and standards for traffic accident damages were stipulated in the Measures, and the compensation items and standards for other cases involving personal injury compensation were also calculated with reference to the Measures. However, when the new regulations abolished the Measures, they did not stipulate the corresponding items and standards of damages, but stipulated in the second paragraph of Article 95 of the Regulations that "the items and standards of damages for traffic accidents shall be implemented in accordance with the provisions of relevant laws". This is of course in line with the legitimacy and scientific spirit of legislation, but at present, the state has not formulated corresponding laws on traffic accident compensation's projects and standards, and the standard of personal injury compensation is only ... traffic accident compensation.
Paragraph 2 of Article 95 of the Implementation Regulations formulated by the State Council stipulates: "The items and standards of traffic accident damage compensation shall be implemented in accordance with the provisions of relevant laws." According to this provision, the provisions of the General Principles of Civil Law should be applied to determine the scope and standard of compensation for losses caused by traffic accidents. The Interpretation of Several Issues Concerning the Application of Laws in the Trial of Personal Injury Compensation Cases, the Road Traffic Safety Law and its implementing regulations formulated by the Supreme People's Court came into effect on the same day, so the relevant provisions of the Interpretation can be applied to the scope and standards of personal injury compensation. Article 58 of the Procedural Regulations formulated by the Ministry of Public Security clearly stipulates that when conducting mediation, the public security organ shall calculate the total amount of personal injury compensation and property losses and determine the amount shared by all parties. Personal injury compensation ... traffic accident compensation principle.
After the loss caused by traffic accidents, the victims are most concerned about "who to claim compensation from" and "how much to lose". Article 76 of the Traffic Safety Law stipulates the principle of strict liability for civil compensation for traffic accidents between motor vehicles, pedestrians and non-motor vehicle drivers in order to protect traffic vulnerable groups. It is quite different from the past no-fault principle (compensation 10%). Generally speaking, the motor vehicle party shall bear civil liability. Unless it is proved that the damage was intentionally caused by the victim, and there is evidence that non-motor vehicle drivers and pedestrians are at fault, if the motor vehicle driver takes necessary measures, the liability for compensation may be reduced. The part of reducing liability is between 10% and 50%, which is not stipulated by laws and regulations. The Supreme Court is concerned with traffic accident damages ... traffic accidents and work-related injuries, Double Indemnity.
According to the Regulations on Work-related Injury Insurance, employees who are injured by motor vehicle accidents during working hours and workplaces, during going out due to work-related injuries, or when their whereabouts are unknown on the way to and from work belong to work-related injuries. Article 12 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Personal Injury Compensation Cases stipulates that if a worker suffers personal injury due to an industrial accident, he may request a third party to bear the liability for compensation according to the Regulations on Industrial Injury Insurance. Industrial injury insurance and traffic accident damage compensation are two different legal relationships. In essence, industrial injury insurance is an improvement of commercial insurance ... compensation standard for traffic accidents (Guangdong Province, 2007)
Guangdong Province Traffic Accident Compensation Standard (2007) Public Security Bureaus of various cities and counties: According to the statistical data and relevant regulations published by the Provincial Bureau of Statistics in 2006, the Guangdong Province 2007 Road Traffic Accident Personal Injury Compensation Calculation Standard is hereby issued to you. From 0: 00 on May 30, 2007 to 24: 00 on May 29, 2008, road traffic accidents were based on the compensation items and calculation methods stipulated in the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Personal Injury Compensation Cases (Fa Shi [2003] No.20), and the personal injury compensation was calculated by applying this standard. Please make this standard public. Schedule of Guangdong Provincial Public Security Department on May 29th, 2007: Guangdong Province Traffic Accident Compensation Standard (2007) ... Traffic Accident Compensation Standard (2006).
Guangdong Provincial Traffic Accident Compensation Standard (2006) serial number item target standard (yuan/year) states that the per capita disposable income of urban residents (yuan/year) is listed separately in the plan: Shenzhen 2866525 Special Economic Zone Zhuhai 1890773 Shantou 1229 17 General Area147.
Guangdong Traffic Accident Compensation Standard (2005) The road traffic accidents that occurred from 0: 00 on May 30, 2005 to 24: 00 on May 29, 2006 were calculated according to the compensation items and calculation methods stipulated in the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Personal Injury Compensation Cases (Fa Shi [2003] No.20), and this standard is applicable. The standard of serial number (yuan/year) means that the per capita disposable income of urban residents (yuan/year) is the compensation standard for traffic accidents in cities under separate state planning (Guangdong Province in 2004).
Guangdong Traffic Accident Compensation Standard (2004) The road traffic accidents that occurred from June 3, 2004 to 24: 00 on May 29, 2005, or the road traffic accidents that occurred before but have not been mediated, are calculated according to the compensation items and calculation methods stipulated in the Interpretation of the Supreme People's Court on Several Issues Concerning the Applicable Law in the Trial of Personal Injury Compensation Cases (Fa Shi No.200320), and this standard is applicable. Project standard (yuan/year) Per capita disposable income of urban residents in Shenzhen (yuan/year) 2390592 ... Traffic accident compensation standard (Guangdong Province in 2003)
Guangdong traffic accident compensation standard (2003) shows that the average annual living expenses are 8988 yuan, and the data of 2002 published by the Provincial Bureau of Statistics ... traffic accident disability assessment standard.
Ministry of Public Security [date of release] 2002- 12- 1 directory 1. Range 2. Terms and definitions. General principles of evaluation. Disability level 5. The classification of disability grades in Appendix A of the Supplementary Provisions is based on the comprehensive calculation method of multi-level disability in Appendix B and the classification of disability grades in the preface of Appendix C.. All technical contents of this standard are mandatory. This standard fully summarizes and absorbs the Ministry of Public Security 1992. On the basis of the implementation experience and the latest research results at home and abroad, the published safety industry standard "Disability Assessment of Injured Persons in Road Traffic Accidents" (GA35- 1992) was drafted. This standard further improves the classification of disability grades 10. While comprehensively standardizing the degree of human disability, it has also established multi-levels ...