This article appears in Central Asia Times weekend edition in November 6th Second Edition

Beijing public lawyer saying "equal life compensation"

"I certainly hope to be able to 'equal life compensation' well, but said that for so many years, also do not have what use!" To work in Guangdong Province Zhongshan city workers Hunan with Mr. Zeng says helplessly.

Tort liability law recently entered the National People's Congress three trial "(Draft)" may give Mr Tsang as called for "equal life compensation" public to dawn. The draft stipulates: "the number of deaths caused by traffic accidents more tortious act, mine accidents, can not consider the factors of age, income, determined by the same amount of death compensation."

Although the provisions of the draft will conflict with the current relevant laws and regulations in the view of some of the legal profession, will also have problems in the implementation of the provisions, and only the "number" of the case to "equal life compensation", from the public to "equal life compensation" and quite a long distance. However, the legal profession generally believe that this is "a great progress of life compensation" in legislation.

Mr. Zeng and other public "equal life compensation" cry is strongly supported by Beijing public lawyer. According to the tort liability accident occurred in the labor, transportation, medical and other fields, this reporter recently interviewed Beijing's long-term professional agent transportation, labor and other fields lawyer. The lawyers agreed in the Chinese stage can achieve "equal life compensation" in the provincial administrative area of this aspect, namely in a province regardless of census register, do not divide area, uniform standards of death compensation. At the same time, the lawyers also agreed that in the current social and economic conditions, the provincial "equal life compensation" is feasible.

At the provincial level should be "equal life compensation"

"A provincial administrative region should unify the death compensation standard, not because of the different urban identity." Lawyer Ding Yuzhi said to the reporter.

At present, our death compensation standard is still "for each array". The same case, the implementation of provinces between the standard may not be the same; and under the jurisdiction of the provinces around the standard may not be the same; the same provinces each place is not the same as standard. City residents and farmers have different standards.

Ding Yuzhi is now the Beijing Kaitai lawyer,Beijing City Labor and social security law research executive member of the Council, North China Electric Power University (Beijing) labor law teachers. During the practicing period, publishing a number of books.Long term agency work areas of the case.

Ding lawyer expresses to our newspaper reporter, from her acting labor cases, to urban and rural status to delimit the death compensation standard is very unfair, taking Beijing as an example, in the condition of the same accident death, city residents is 3 times as much compensation for farmers.

Ding lawyers analysis, from the family of the deceased's compensation, can not determine the city families alimony will higher than that of farmer families. City residents and farmers' families not only has the distinction of quantity, and between urban and rural areas is also a movement, rural children can go to school in the city, the rural elderly people can also go to city life. And now, the compensation standard is more consideration to the families of the victims of the material loss, pay no attention to the spirit of the loss, who is to say that the spirit damage peasant families are certainly than the city residents family light?

Lawyer Yao Junqing said to the reporter: "life with different price, so unfair!"

Yao Junqing Beijing Huacheng lawyer, long-term agents of various provinces nationwide traffic accident cases, published a lot of related monographs and papers.

Yao lawyers think, tort liability in traffic accidents caused by various provinces, and even the whole country, should not divided the region, regardless of status, unify the death compensation standard.

"Who can tell a doctor will create more than the value of migrant workers? Now a lot of doctoral students take a month thousands of yuan, many farmers in business a year can earn millions of dollars!" Yao said the lawyer, "death compensation can be considered victims of other aspects of the income level, should be the same."

"Now to the urban identity to distinguish the death compensation standard, is really should not!" Beijing Jun Yong Shao Leilei law firm lawyers said to the reporter, at present in the country regardless of regional unified difficult death compensation standard, but should be in the provincial administrative area as the unit, not divided into urban and rural identity unified compensation standards.

Shao Leilei lawyer civil, economic, medical and other areas of the case, he believed that under the current conditions, can be considered personal income victims to compensation standards, but this is only a supplement, the body is still in a province, death compensation should be unified standard.

Provincial "equal life compensation" is feasible

Ding Yuzhi's lawyer thinks, in a province level administrative region, around the level of economic development difference is not great, can not of rural and urban area, the unified standard of compensation for death. In order to handle her labor cases, in a unified compensation standard in death, can promote the enterprise legal employment, purchase social insurance for employees. For the other individual economy is very backward area, can also through the national building related relief mechanism to make up.

"You can implement a unified compensation standards, now has no problem!" Lawyer Yao Junqing said to the reporter, in the traffic accident, the car to buy a "pay strong risk", the insurance company can compensate to around 110000, plus the purchase drivers of commercial insurance, compensation should be no problem. If the death compensation is too high, the driver can be compensated by some more to buy commercial insurance, but also not much money.

For a unified compensation standard, whether it will pull the big city residents compensation standard original? Yao lawyers think the protection of large city residents more, even if the lower point can also be subsidized by other security. And, a unified compensation standards, will promote the driver to buy insurance, improve the ability to resist risk drivers.

Lawyer Shao Leilei also hold the same view. He believes that in a province within a unified compensation standard is not a problem, "commercial insurance and 500000 car buying in Beijing 200000 of commercial insurance premium is the difference in the upper 300 yuan."

Shao lawyer said, now in many parts of the compensation standard accident death, as long as the farmers working in the city for more than a year, is to compensate according to the city's compensation standards; staff to go out, the accident occurred in the remote, but also to the accident of the standard of compensation, the accident is higher than if the personnel of household registration location compensation standard, also can pay to the domicile of the standard of compensation. These practices are moving in to "equal life compensation" target.

And the death compensation standards, increase the rural population standard of compensation, "whether it will bring negative effect if" and the like, Yao lawyers think through the traffic accident to resolve, not what big problem.

"With a part of life at the same price" is to eliminate differences

In June this year, the NPC Standing Committee Law Committee Deputy Director Wang Shengming dedicated to all the members of the Standing Committee of the society pay close attention to "life with different price" phenomenon. He said, "tend to application of the principle of unified standards, appropriate to consider age, income, education level difference"; "unified standard is not suitable to urban and rural demarcation, also not by area delimitation, unified standards but not by urban and rural areas, is not divided."

Some people think that, at this stage Chinese regional and urban and rural social economic development is not balanced, various differences also exist. In return, medical care, employment, schooling of children, and housing provident fund and social security are different and unequal circumstances, to talk about "premature price with the same life", only when the differences are eliminated, "equal life compensation" is possible.

For the above statement, Yao Junqing's lawyers do not agree: "why can't the price the same life from the start? Equal life compensation is to eliminate the social part of injustice."

Mr. Yao said, at this stage, there are many social inequality exists objectively, the death compensation is one of the. We should from various aspects, to promote social fairness and justice, building our harmonious society.

Lawyer Ding Yuzhi also hold the same view. Ding said the lawyer, eliminate the efforts from all aspects need all kinds of social injustice, "equal life compensation" and the elimination of a part of the social unfair, we should start from their respective fields, positive change and promoting social equity, rather than passively waiting for the arrival of social fairness and justice.

                            Reporter Liu Gongwu from Beijing