[Direct answer]In the Beijing area, urban and rural household registrations are now essentially treated equally in personal injury compensation cases, without being differentiated by household registration. According to Article 15 of the "Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trials of Personal Injury Compensation Cases" (revised in 2022 and implemented since May 1, 2022), the death compensation shall be calculated based on the per capita disposable income standard of urban residents in the jurisdiction of the court where the case is filed in the previous year, and the disability compensation shall also be implemented according to the standard of urban residents. The urban-rural differences in the field of personal injury compensation have been eliminated, and the final amount is only affected by factors such as age reduction, liability ratio, and completeness of items.

I. Problem background and typical scenarios

Many of these questions come from memories of old cases or old articles on the internet: Firstly, in the past, compensation for rural household registration was much lower than that for urban household registration, and families were worried that they would be at a disadvantage; Secondly, families of victims from the same accident compared the compensation amounts among themselves; Thirdly, the victims had rural household registration but had been working and living in Beijing for a long time, and they were not sure which standard to use for calculation; Fourthly, the case happened to be during the transition period between urban and rural standards, and the families were not clear about the applicable rules; Fifthly, in the compensation negotiations, the other party still used the rural standard to press for a lower price. When handling similar cases in the Beijing area, the court always calculates according to the statistical criteria for urban residents, and the household registration factor no longer affects the compensation base. For related personal injury issues, please refer to the relevant provisions.Personal injury and medical disputesColumn.

II. Key points of contention

Focus One: The scope of application of the new rules. Cases accepted after May 1, 2022 shall be implemented in accordance with the revised Interpretation on Compensation for Personal Injury. The death compensation, disability compensation, and living expenses of dependents shall all be calculated according to the standards for urban residents. Focus Two: Transitional provisions. Cases accepted before the implementation of the new rules shall generally be handled in accordance with the regulations in effect at that time, with the specific handling based on the case acceptance time and the current regulations. Focus Three: Calculation reference area. The reference area shall be determined based on the statistical data of the previous year in the jurisdiction of the receiving court. If the standard of the victim's habitual residence or main source of income is higher, the choice should be made in light of the judicial interpretation and the evidence submitted in the case. Focus Four: Where multiple deaths are caused by the same infringement, the death compensation may be determined at the same amount in accordance with Article 118 of the Civil Code of the People's Republic of China (effective as of January 1, 2021). Focus Five: Unified standards do not equal fixed amounts. Age reduction and liability ratios still apply. Specifically, the calculation shall be based on the currently effective laws, regulations, and judicial rulings. For cases involving the recovery of compensation, reference can be made to the relevant provisions.Creditor's rights and debts, and enforcement casesColumn.

III. Professional analysis by Henglue Law Firm

From the practical experience of lawyers handled by our firm, after the unification of urban and rural standards, the focus of disputes has shifted from "which standard to use" to "how to calculate the base amount adequately". There are three common risks: First, the other party still quotes according to the old standards or lower statistical measures from years ago, and the family members sign the mediation agreement hastily without noticing the differences; Second, although the victim is a non-local household registrant but has been working in Beijing for a long time, the evidence of his/her habitual residence and income source is not collected, so there is no support when claiming the benchmark location; Third, the age-decreasing rule is calculated incorrectly, and the reduction of one year for every additional year after the age of 60 results in an inaccurate claim amount. Our lawyers suggest that before calculation, first confirm the latest per capita disposable income data of urban residents in the jurisdiction of the receiving court, and then check the age-based formula according to the victim's age; for non-local household registrants, retain materials such as residence permits, social security records, and labor contracts to prove their habitual residence. Beijing courts usually handle claims with complete evidence more smoothly.

IV. Practical suggestions and legal basis

Action suggestions: First, confirm the standard version applicable to the case, and calculate the new accepted cases directly according to the urban residents' standard; Second, retrieve the official published data of the per capita disposable income of urban residents in the jurisdiction of the sued court in the previous year; Third, victims with foreign household registration should keep proof of their habitual residence and income sources, and prepare sufficient evidence for claiming the benchmark place; Fourth, for cases involving multiple deaths, pay attention to exercising the right to determine the death compensation at the same amount; Fifth, stay vigilant against quotes that are obviously lower than the statutory formula, and check each item before signing the mediation agreement. Relevant document points can be referred to for reference.Special services and other casesThe column. In terms of legal basis, Article 118 of the Civil Code of the People's Republic of China stipulates that if multiple people are killed by the same infringement, the death compensation can be determined at the same amount; Article 15 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trials of Personal Injury Compensation Cases (amended in 2022 and implemented since May 1, 2022) unifies the death compensation to the standard of urban residents and specifies the rule of decreasing compensation over time.

5. Henglu Law Firm's Advice

Risk Warning: Firstly, the unified standards do not mean that the total amount of compensation will be the same. Factors such as age, liability ratio, and the situation of dependents will still cause differences in individual cases. Secondly, the rules applicable to pending or newly filed lawsuits shall be based on the time of acceptance. Those who are unsure should verify it first. Thirdly, if the other party cites rural standards to press down the price during negotiations, it should be clearly pointed out that the rules have changed to avoid being misled. Fourthly, the statistical data is updated annually. When making claims, the latest announced standards should be used as the basis. It is recommended to consult as soon as possible.Beijing Henglu Law FirmFor similar columns on the official website, the amount due shall be recalculated in accordance with the unified rules.

VI. Frequently Asked Questions

Q1: Is it harder for rural residents to win compensation lawsuits?

No. The revised Interpretation of Personal Injury Compensation, which took effect on May 1, 2022, has unified the calculation of death compensation and disability compensation according to the urban residents' standard, and household registration no longer affects the compensation base. The compensation formula is the same for both urban and rural households. What really affects the outcome are case-specific factors such as the liability ratio, age, and the situation of the dependents, as well as the quality of the evidence. The focus should be on liability determination and the completeness of the items. For reference, please refer to the relevant provisions in the Interpretation.Personal injury and medical disputesColumn.

Q2: What evidence do I need to prepare to claim compensation?

The following documents should be prepared: basic proof of death or disability; liability evidence such as accident identification documents and medical records; age proof for applying the reduced age limit rule; and materials proving the kinship and the situation of being supported. For those with household registration in other places but claiming to calculate according to the standards of the jurisdiction of the court where the lawsuit is filed or their habitual residence, they should also prepare residence permits, social insurance payment records, labor contracts, and other proofs of their habitual residence and income sources, to ensure that their base claim is supported by evidence.

Q3: Is there still a large gap in compensation amounts after the unification of urban and rural areas?

The base amount of death compensation for similar cases in the same region has been standardized. It is calculated by multiplying the per capita disposable income of urban residents in the previous year by 20 years, and the rule of decreasing age is uniformly applied. The differences in individual cases mainly come from the differences in claims for items such as the proportion of liability, the living expenses of dependents, and the compensation for mental damage, rather than household registration. If multiple people die from the same infringement, the death compensation can also be claimed at the same amount.

Q4: How long does it usually take to receive the compensation?

If the insurance company or the liable party offers compensation voluntarily, the funds will be available within a few weeks after an agreement is reached. The ordinary first-instance litigation process typically takes no more than six months, and the second-instance litigation process takes about three months. If the judgment is not implemented after taking effect, the enforcement process will be initiated. The statute of limitations for personal injury compensation is three years. It is recommended to calculate the details according to a standard formula before suing, so that you will have a clear understanding of the situation during both negotiation and litigation.

Q5: Can old cases before the unification of standards still be claimed according to the new standards?

The rules shall apply as of the date of acceptance of the case. Cases accepted after May 1, 2022 shall be implemented in accordance with the new interpretation; cases accepted and concluded before that date shall generally not be recalculated due to the adjustment of standards. The specific standards shall be subject to the currently effective laws, regulations and judicial rulings. For cases still under trial, the claim for compensation may be modified or supplemented in accordance with the new rules, and the relevant procedures may be referred to for reference.Personal injury and medical disputesColumn.

The above content is based on the compilation of judicial practices in the Beijing area. The facts of individual cases and the jurisdiction of the court may affect the conclusions. Welcome to consult Henglu Law Firm about specific situations.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, so as to avoid missing the statutory time limit. →Personal injury legal services·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and publicly available adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. In case of disputes, please consult a practicing lawyer in time.