Is there negligence in the opinion on the handling of a number of specific issues in road traffic ac

Most of the courts have made judgments based on this reply, which has been issued by the Supreme People's Court and applied uniformly by courts across the country.

I guess your local ordinance is also based on this reply.

The First Civil Division of the Supreme People's Court, "Reply on How to Calculate the Compensation Costs for Rural Residents Whose Habitual Residence is in Cities and Towns** Due to Traffic Accidents".

2005) Min Ta Zi No. 25.

3 April 2006.

Yunnan Provincial High People's Court:

Your court has received the "Instructions on the Legal Understanding and Application Issues Involved in the Case of Passenger Transportation Contract Dispute between Luo Jinhui and Five Others and Yunnan Zhaotong Transportation Group Company". After study, the reply is as follows: In personal injury compensation cases, the calculation of disability compensation, death compensation, and living expenses of dependents shall be based on the actual circumstances of the case, combined with factors such as the victim's domicile and habitual residence, to determine the standards for the application of the per capita disposable income of urban residents (per capita consumption expenditure) or per capita net income of rural residents (per capita annual living consumption expenditure).

In this case, although the victim Tang Shunliang has a rural household registration, he is doing business and living in the city, and his habitual residence and main income are both in the city, and the relevant damages should be calculated according to the relevant standards of local urban residents.

If you can provide evidence to prove that the deceased had been doing business and living in the city for a long time (at least one year or more) before his death, and his habitual residence and main income** were both in the city, the relevant damages can be calculated according to the relevant standards of local urban residents.

Legal Analysis: Gross negligence in civil law theory refers to the actor's negligence or overconfidence in not only failing to comply with the law's requirements for his higher level of care, but even failing to meet the requirements that people should generally pay attention to and be able to pay attention to, resulting in certain harmful consequences.

Legal basis: Insurance Law of the People's Republic of China Article 16 If the insurer makes inquiries about the subject matter of the insurance or the relevant circumstances of the insured when concluding an insurance contract, the policyholder shall truthfully inform the insurer. If the policyholder intentionally or due to gross negligence fails to perform the obligation of truthful notification as provided for in the preceding paragraph, which is sufficient to influence the insurer's decision on whether to agree to underwrite or increase the insurance rate, the insurer has the right to terminate the contract.

The right to terminate the contract provided for in the preceding paragraph shall be extinguished if the oversold goods are not exercised within 30 days from the date on which the insurer knows that there is a reason for termination. If more than two years have elapsed since the date of the conclusion of the contract, the insurer shall not terminate the contract; In the event of an insured event, the insurer shall be liable for compensation or payment of insurance money. If the policyholder deliberately fails to perform the obligation to truthfully inform, the insurer shall not be liable for compensation or payment of insurance money for the insured accident that occurred before the termination of the contract, and shall not refund the insurance premium.

If the insured fails to perform the obligation of truthful notification due to gross negligence, which has a serious impact on the occurrence of the insured accident, the insurer shall not be liable for compensation or payment of insurance money for the insured accident that occurred before the termination of the contract, but shall refund the insurance cover bucket fee. If the insurer is aware of the failure of the policyholder to truthfully inform the insurer at the time of conclusion of the contract, the insurer shall not terminate the contract; In the event of an insured accident, the insurer shall bear the responsibility for compensation or payment of insurance money. An insured accident refers to an accident within the scope of insurance liability as agreed in the insurance contract.

The Interpretation of the Supreme People's Court on Several Issues Concerning the Application of the Dust Transportation Law in the Trial of Cases of Compensation for Damages in Road Traffic Accidents is a normative document adopted by the Supreme Court in September 2012. This interpretation was adopted at the 1823rd meeting of the Adjudication Committee of the Supreme People's Court on December 23, 2020, along with the "Supreme People's Court's Decision on Amending 27 Civil Judicial Interpretations of the Supreme People's Court on Several Issues Concerning the Application of the Trade Union Law of the People's Republic of China in Civil Trial Work" on December 23, 2020, and is hereby promulgated, to take effect on January 1, 2021.

In determining whether the driver is grossly negligent in a traffic accident, a comprehensive judgment shall be made from the aspects of the predictability of the damage result and whether the damage result is avoidable, that is, whether the employee has the professional skills to engage in the occupation to which he belongs, whether he has the cognitive ability that the age group should have, whether there is a serious violation of the operating procedures, and whether there is a situation of not listening to dissuasion.

Article 1191 of the Civil Code.

If the staff of the employer causes damage to others due to the performance of their work tasks, the employer shall bear the tort liability. After the employer bears tort liability, it may seek compensation from the employee who has intentionally or grossly negligently.

During the period of labor dispatch, if the dispatched staff member causes damage to others due to the performance of work tasks, the employer accepting the labor dispatch shall bear tort liability; If the labor dispatch unit is at fault, it shall bear the corresponding responsibility.