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I Backgrounds

“Same Life, but Different Price

In the year 2005, 3 young girls took the same tricycle and died of the same traffic accident happening in the same street of Chong Qing. Three families underwent the same sorrows. However, the compensation amount for the dead girl whose household registration was country were less than half of the individual amount of the other dead girls whose household registration were city.

 

On February 2006, Wang tao ren died of a traffic accident in City Tai Chang of Jiang shu province. His family brought a lawsuit for compensation according to the standard of town resident, although his household registration was country. Tai Chang People’s Court made a final judgment that Wang’s family could recover 209,640 Yuan damages according to the 2004 standard of town resident of Jiang shu province, namely 10,482 Yuan one year , and the time limit, 20 years. In the judgment, the court stated reaons: although Wang’s household registration is country, Wang’s family supplied the business license of Wang as a individual private enterpriser to prove that Wang’s living before death were mainly from non-agriculture working.

 

“Judicial interpretations on the application of law concerning the trial of human damage compensation by the Supreme People’s Court” provides: “ the individual death damages should be accounted according to the standard of the last year’s net income of town resident or country resident of the region in which the trial court locates, the time limit is 20 years. This “interpretation” divides Chinese residents into two categories by household registration in the form of law and provides the different compensation standard.

 

“Same Life, Same Place, but Different Price”, “Same Life, Different Place, but Different Price”, although the judicial interpretations of the Supreme People’s Court results in different consequences in the process of application, the same is both are from the “Household Registration”.

 

“Same Life, but Different Price” arouses the strong criticisms from scholar kingdom and public. The voices “to amend the interpretations” and “To examine the violation of Constitution” are rising from all directions and The Supreme People’s Court is also going to amend this judicial interpretation.

 

How many peasants are equal to one city resident?

As to the right to vote and the right to be elected, “the Election Law on the representatives of National People Congress and Regional People Congresses of the People’s Republic of China” provides in the form of law: the number of deputies to be elected of the People ‘s Congress of individual Province or Municipal District is distributed by the standing committee of the individual People’s Congress according to the principle that the population represented by each country delegate are four times more than that represented by each city delegate. That is to say, according to the election law, in the most regions, the right of four country residents is equal to that.

China is facing the unprecedentedly evolution of city and more and more peasants are swarming into city to find jobs. Those labors are the important guarantees of the continual and quick development of Chinese economy. They devote themselves as the city residents, but get the poor treatment different from the city residents. The basic reason is that their household registrations are country.

 

The purpose of this proseminar is to deeply analyze some systems such as “Same life, but different price”, “Same life, but different right”, discuss the feasible route to safeguard the equal rights of country residents, and discuss the chances and obstacles for the reform of the household registration in existence to put forward rational proposals through the communication between specialists and scholars.

 

II Agenda

1, Analysis and proposals on the system “Same life, but different price”

2, Analysis and proposals on the system “Same life, but different right

3, Feasible discussion on the abolition of “Household Registration”

 

III DateApril 15, 2006

PlaceRoom 532, Ming Li Building, Tsing Hua University

 

IV Attendees

Chen duan hong: Vice-professor, Peking University

He hai bo: Vice-Professor, Law School of Tsinghua University

Hu xing dou: Professor, Beijing Technical Institute

Fu xin: Law Doctor, Hong Kong City University; Senior Officer, Asian Fund Committee

Jiang wu si: Director, Beijing Chang Ming Firm

Kang Jian: Director, Beijing Fang Yuan Firm

Li Hong: Vice-Secretary General, All Chinese Lawyers Association

Li Xuan: Vice-President, Law School of Central University of Finance and Economics

Li fang ping: Lawyer, Beijing Zhong Ye Firm

Sun zhi quan: Lawyer, Bejing Chen yue Qin Firm

Wu Ge: President, Special Committee on Constitution and Human Rights of All Chinese Lawyers Association

Wang zhen min: Vice-President, Law School of Tsing Hua University

Xia Lin: Lawyer, Beijing Impact Firm (preparatory)

Zhong da jun: President,Da Jun Economy Review Study Center of Bei Jing

 

Holder

Li XuanVice-President, Law School of Central University of Finance and Economics

 

V Contents

Wu GeIt is necessary to fulfill the citizen rights of peasants

Why are the rights of peasants completely limited and discriminated? As a lawyer, in my opinion, the basic reason is that the position of peasants is not equal to that of city residents.

 

Zhong da jun: without the justice, there is no sense in improving GDP!

The less reform for “household registration” now is mainly related to the benefit groups of city. If Chinese market economy is continuing to develop with lack of human rights, then the proportion of fruits produced by the development of Chinese market economy will be taken off by some group who have strong power.

 

Hu xing dou: the key is to reduce the distance between city and country.

The key of reforming “household registration” is to change binary medical care, education, finance, and judicial system behind the “household registration” into united systems. Then,to unite “household registration” becomes natural.

 

Kang jian: “Different Price” cannot be accepted only because the “household registration”

“Different Price” cannot be accepted only because of the “household registration”. It is unfair because one person cannot select his household registration and it is also difficult for him to change it though his attempts.

 

Li fang ping: Education is blocking the equality between city and country.

The fund of the basic education is from the regional government. The poorer one region is, the less its government puts money into education. With the process of the production of advanced education, the enormous fees keep a lot of young persons from country off out of the advanced education.

 

He hai bo: the amendment from the one quarter to one half

Before the election of the eleventh People’s Congress, legislature should amend “Election Law” and change the one-quarter into one-half as to the vote right. Subsequently, legislature should make a schedule and abolish the gap at the end of the next 10 years that is the deadline.

 

Xia Lin: to unify the standard for death damages

Government should unify the standard for death damages, which can realize the equality.

Li Xuan: summary on the meeting lectures.

I hope to change judicial practice by individual case and to influence decision-making floor of the legislature by putting forward judicial proposals.

 

VI Social Impact

the result of searching the name of this meeting by the tool “Google” is 4,090 items.

 

1,Important Reports

“China Youth Daily”, April 22, 2006: “Specialists discussing “Same life, but different price”: Reform for the household registration is the basic method to resolve problems”

The result of searching the name of this article by “Google” is 936 items

 

2,Import Comment

“South City”, January, 25 2006, the leading article: “Same life, but different price” shows discrimination on country residents, the rights of peasants should be safeguarded”

The result of searching the name of this article by “Google” is 128 items.

 

“Big River”, April 24, 2006: “Same life, but different price, what are the reasons?”

The result of searching the name of this article by “Google” is 722 items.

 

3,the Other Reports and Comments

(1)“Tsing Dao Finance and Economy Daily”, April 24, 2006: “same life, but different price” does not lie in the duality structure.

(2)“Hong Kong China communication Office, April 22: “The voice for abolishing “Same life, but different price” in China is becoming higher”

(3)China Ji Lin Net, April 29, 2006: “Don’t always complain about household registration in any way!

 
   
 

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