Chapter 357: Same Life, Different Price
Chapter 357: Same Life, Different Price
The next day was Friday. Liu Yuan got up before dawn. He washed up in a hurry and went out to the district court.
Today is an important day for him because he has to communicate with the presiding judge about a case involving the accidental death of a fellow villager from Nanhe while transporting construction materials.
This case has attracted widespread attention from the society, and Liu Yuan, as the attorney representing the victims, is responsible for safeguarding their legitimate rights and interests.
After arriving at the court, Liu Yuan immediately met with the presiding judge. They discussed the details of the case, the evidence, and the possible verdict in detail. The presiding judge listened carefully to Liu Yuan's opinions and said that he would fully consider the positions of both parties and make a fair ruling.
As time went on, the courtroom gradually filled up.
Liu Yuan sat in the plaintiff's attorney's seat, looking serious and focused. Next to him were his poor and helpless Nanhe fellow villager's wife and four children aged between three and ten. The two elderly men, both in their 80s with white hair on their temples, looked miserable.
Finally, the judge announced the start of the trial.
During the trial, Liu Yuan firmly argued that there were serious safety hazards at the construction site where materials were received.
In particular, insufficient lighting brought great risks to the workers. It was also for this reason that the Nanhe fellow villager died unfortunately. Therefore, the defendant should be responsible for this and bear the corresponding civil compensation liability.
Liu Yuan's sincere words and rigorous logic moved the audience.
He used facts and legal basis to powerfully prove his point, leaving the defendant unable to refute it.
Especially on the applicable compensation standards, Liu Yuan elaborated on a series of evidence that he had collected with great difficulty, fully illustrating the applicable compensation standards and specific compensation amounts.
The focus of the trial finally shifted to the urban-rural gap. The defendant insisted on a total compensation of more than 100,000 yuan according to farmers' standards, while Liu Yuan firmly believed that the compensation should be more than 400,000 yuan according to urban standards, a difference of more than 300,000 yuan.
The entire trial was tense and intense, with both sides engaging in heated debate. In the end, the judge adjourned the court and would announce the verdict at a later date.
When leaving the court, Liu Yuan felt a sense of responsibility and mission. He knew that his efforts were not only for one victim, but also for all those who suffered injustice. He believed that as long as he insisted on justice, he could bring more fairness and justice to society.
As for the compensation standards, they should of course be determined based on differences between different regions and between urban and rural areas.
Taking Jiangsu and Zhejiang provinces as an example, if the compensation standard is based on the per capita disposable income of urban residents in the province, it would be yuan; but if the compensation standard is based on the per capita net income of rural residents in Jiangsu and Zhejiang provinces, it would be only 6096 yuan, a difference of nearly 1.5 times.
This shows that there is a clear gap between urban and rural areas, with urban residents receiving relatively higher compensation amounts and rural residents receiving lower compensation amounts.
In addition, there are also differences between different provinces. For example, the per capita disposable income of urban residents in Nanhe Province is 7704.9 yuan, and the per capita net income of rural residents is only 2553.15 yuan, which is lower than that of Jiangsu and Zhejiang provinces.
The calculation standard for death compensation is mainly based on the per capita disposable income of urban residents in the previous year where the court is located. The specific calculation method is as follows:
Death compensation = per capita disposable income of urban residents in the previous year of the location of the court x compensation period
The determination of the compensation period can be divided into the following situations:
- If the deceased was under the age of sixty, the compensation period shall be calculated as twenty years.
- If the deceased is sixty years old or older, the compensation period will be reduced by one year for each additional year of age.
- If the deceased is over seventy-five years old, the compensation period is fixed at five years.
It should be noted that these regulations may change over time, and the specific compensation standards should be based on the laws and regulations in effect at the time.
At the same time, in actual operations, other factors may also be considered, such as the victim's family situation, children, economic losses, etc.
Therefore, when dealing with compensation issues, it is best to consult a professional lawyer for legal advice to ensure that your rights and interests are fully protected.
If the compensation claimant can provide evidence to prove that the per capita disposable income of urban residents at his or her place of residence or habitual residence is higher than the standard of the place where the court is located, the disability compensation or death compensation can be calculated according to the relevant standards of his or her place of residence or habitual residence.
If rural residents can provide a legal temporary residence certificate or relevant certificate in a city or town, have a relatively stable job and income, and have lived there continuously for one year (short-term visits to the countryside to visit relatives are not considered interruptions), the disability compensation and death compensation for personal injury will be calculated according to the standards for urban residents.
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