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  “Same Life, but Different Price” and equal right of peasants

 

“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.

 

 

 
  Relation Article  
   
 
  impact
2007-6-1
 
   
 

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