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Compensation Shows True Value of Life
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The amount of compensation the dependents of traffic accident victims receive in Shenzhen has graphically illustrated the difference in "value" of urban and rural lives.

 

According to guidelines revised recently by Guangdong Provincial Department of Public Security, dependents of urban residents could receive up to 1.01 million yuan (US$125,000) compensation, while rural residents could get a maximum of 180,000 yuan (US$22,500).

 

The gap in "value" stands at 830,000 yuan (US$103,750), up from 711,000 yuan (US$88,875) in 2005.

 

The compensation amount is based on costs of funeral expenses, living expenses for dependents and emotional damage caused by the death.

 

Increasing living costs in cities have caused the growing gap.

 

According to a judicial explanation by the People's Supreme Court that came into effect on May 1, 2004, dependents of traffic accident victims are classified as either urban or rural residents when determining compensation amount.

 

Local lawyers have called for an end to this discriminatory rule.

 

"It's absolutely unfair. Life should be respected in the same way, no matter whether he or she was from the city or from the countryside," Chen Guiqiong, a lawyer who has dealt with many traffic accident cases, told China Daily.

 

Although the law allows rural residents to be compensated the same as urban residents after they have worked in the city for at least one year, Chen said it often doesn't work out like this.

 

"Usually the work contract, the temporary residency card issued by the local public security bureau and the social insurance record can be used as evidence to prove how long the accident victims have been in Shenzhen, but many migrant workers do not have these documents," Chen said.

 

Another local lawyer, Fan Xiuling, criticized the system, saying changes should be made.

 

"It gives the misunderstanding that the lives of rural residents are cheap. A human being's life should not be valued in this way," she said.

 

Some Chinese provinces have used a "Resident Card" system to remove the difference between urban and rural residents, she said.

 

It is gaining in popularity, and it could be a way to ensure compensation is the same in the future for both urban and rural residents, she added.

 

However, James Wong, a Hong Kong lawyer familiar with mainland law, said the compensation for death should vary, though not according to residency status.

 

"In Hong Kong, compensation is decided by income. The more they earn, the more compensation they can get. I think it's fairer." Wong told China Daily.

 

He also suggested the insurance industry be quickly developed on the mainland, as insurance companies can share part of the compensation costs.

 

(China Daily June 8, 2006)

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