Revealing The Compensation Standard For Motor Vehicle Accidents To Achieve The "Three Level Jump" Inside Information

　　 Best way to mourn victims Compensation standard

　　 How to achieve the "three level jump"?

From the initial 172 thousand yuan to 500 thousand yuan, and then to 915 thousand yuan, within a few days, the "7. 23" Ningbo Wenzhou line especially the major railway traffic accident victims compensation compensation standard appeared. Three step jump " Why has the compensation standards changed so much? 915 thousand yuan, how is the compensation standard that the media has called "a record of compensation for China's railway traffic accident"? In the wake of the end of the accident compensation work, the relevant heads of the Zhejiang provincial government and the Provincial Higher People's court accepted an interview with reporters, revealing many unknown facts.

　　 172 thousand yuan compensation has been questioned.

　　 "If you pay such a sum of money, your family will not accept it."

On the evening of July 23rd, there was a particularly serious traffic accident on Yongwen line.

On July 24th, Zhang Dejiang, a member of the Political Bureau of the CPC Central Committee and vice premier of the State Council, rushed to Wenzhou to guide accident rescue, aftermath treatment and accident investigation. In Wenzhou, Zhang Dejiang announced the establishment of a command post for accident rescue and aftercare disposal, headed by the governor of Zhejiang Province, Lv Zushan.

"The initial compensation standard is 172 thousand yuan." The head of the accident recovery working group said that according to the regulations of the Ministry of railways, according to the regulations on the emergency rescue and investigation and handling of railway traffic accidents and the compulsory insurance regulations for railway passenger accidents, the liability of the railway transport enterprises for the personal injury and death of each railway passenger is limited to RMB 150 thousand yuan, plus the liability for the loss of each railway passenger's own luggage. Quota RMB 2000 yuan, plus the highest level of 20000 yuan. Benefits It comes to 172 thousand yuan.

"This standard is immediately questioned by many people." An official of the Wenzhou municipal government who was involved in the aftermath said to reporters, "in Wenzhou, we have to pay a sum of $2 00000 for killing a valuable dog. Living people say no, no money is lost. Families will never accept it.

After several discussions, the working group revised the standard of compensation, with a base of 172 thousand yuan plus a 200 thousand yuan insurance claim, which was 372 thousand yuan, plus a total of 500 thousand yuan for transportation expenses and funeral expenses of the victims' families.

　 Zhejiang provincial high court sets new standards for "putting people first"

"At 9 o'clock in the evening of July 27th, the governor of Wenzhou, who was in charge of the post disaster treatment in Zhejiang, called the chancellor of the higher people's Court of Zhejiang, Qi Qi, saying that Premier Wen Jiabao would fly to Wenzhou on the second day to inspect the scene of the accident, and asked our high court to study immediately, and put forward judicial proposals for accident compensation standards in accordance with the provisions of laws and regulations." Zhejiang Provincial Higher People's court responsible person told reporters, put down the phone, President Qi Qi called the relevant court and department heads to study and demonstrate.

After analyzing the shortcomings of the regulations on the emergency rescue and investigation and handling of railway traffic accidents, which can compensate 172 thousand yuan and compensate for about 600 thousand yuan according to the industrial injury insurance Ordinance, the Zhejiang Provincial High Court participated in the study. According to the interpretation of the Supreme People's Court on Several Issues concerning the application of the law in the case of compensation for personal injury caused by railway transportation, the victim should be allowed to apply for compensation by tort law. Considering that the situation of the dependant of the deceased person is different and uncertain, it is possible to consult the Shanghai's "11. 15" special major fire accident recovery compensation and rescue plan. Finally, we decided to make compensation for death compensation, mental injury consolation, funeral expenses and so on, about 600 thousand yuan, and pay 300 thousand yuan for all kinds of solatium, help money and so on (including dependants' living expenses), amounting to about 900 thousand yuan.

On the afternoon of July 28th, following Premier Wen Jiabao's field inspection, Lv Zushan once again hosted a "7. 23" accident rescue headquarters meeting in Wenzhou, studying the aftermath of claims and other work. The Ministry of Railways still believes that compensation should be made according to the "Regulations" standard. Xu Jie, vice president of the Zhejiang Provincial Higher People's court who made a special trip from Hangzhou to Wenzhou to attend the meeting, put forward a new claim settlement proposal. Lv Zushan agreed with the new plan. He believed that it was in line with the directive spirit of "people-oriented" handling the incident by the leaders of the CPC Central Committee and the State Council, and also based on the relevant laws and regulations of the state. After that, the Ministry of Railways also agreed that the general headquarters agreed to adopt the scheme to settle claims.

In July 29th, the "7. 23" accident relief headquarters announced the claim settlement plan, with the tort liability act as the main basis for the compensation standard. The compensation for the victims mainly includes death compensation, funeral expenses, spiritual solatium and one-time salvage (including the living expenses of dependants), and the total amount is 915 thousand yuan.