legal ground
The principle of Article 29 of the Civil Procedure Law stipulates that it shall be under the jurisdiction of the people's court in the place where the infringement is committed or where the defendant has his domicile. The "place of infringement" as mentioned in this article includes the place where the infringement was committed and the place where the infringement result occurred. Article 30 of the Civil Procedure Law also stipulates that a lawsuit for claiming damages due to a railway, highway, water or aviation accident shall be under the jurisdiction of the people's court where the accident occurred, where the vehicle or ship first arrived, where the aircraft first landed or where the defendant lived. According to the relevant provisions of the Opinions of the People's Court on Several Issues Concerning the Application of the Civil Procedure Law of People's Republic of China (PRC), the people's courts in the places where products are manufactured, sold, infringed and the defendant's domicile have jurisdiction over the lawsuits brought by others for property or personal injury caused by unqualified products. Disputes over railway transport contracts and infringement disputes related to railway transport shall be under the jurisdiction of the railway transport court.
The legal basis for handling such disputes is mainly General Principles of Civil Law, Road Traffic Safety Law, Article 58 of Railway Law, Article 157 of Civil Aviation Law, Regulations on Handling Medical Accidents, Interpretation of the Supreme People's Court on Several Issues Concerning the Applicable Law in the Trial of Personal Injury Compensation Cases, Interpretation of the Supreme People's Court on Several Issues Concerning the Trial of Personal Injury Compensation Cases, etc.
In 2008, under the category of "disputes over personality rights", the Regulations listed seven fourth-level causes of action, including "disputes over compensation for personal injury caused by road traffic accidents, medical accidents, industrial accidents, water transport, air transport, aircraft against third parties on the ground and on the water, and electric shock". Considering that these kinds of disputes not only infringe on personality rights, but also often infringe on property rights, and the Tort Liability Law has classified the relevant tort liabilities, the revised provisions delete these seven fourth-level causes of action and classify them into the follow-up cause of action system.
For a long time, "disputes over the right to life, health and body" are generally called "disputes over personal injury compensation" in China's trial practice. This provision abandons "personal injury compensation disputes" and regards "disputes over life, health and body rights" as the third-level cause of action. There are two considerations: first, according to the relevant provisions of the General Principles of the Civil Law and the Tort Liability Law, "compensation for damages" is only a way to bear tort liability, and the way of liability for individual infringement of personality rights may also bear "in addition to compensation for losses.
"Personal injury compensation dispute" obviously cannot cover the above-mentioned various liability methods; Second, the word "person" in "personal injury compensation dispute" is easily confused with the word "person" in the upper concept of "personal right and identity right". In the future trial practice, people's courts at all levels should standardize civil trial work and improve the scientificity and accuracy of judicial statistics, uniformly apply the causes of "disputes over life, health and body rights" and stop applying the causes of "disputes over personal injury compensation".
On the cause coordination between "disputes over personality rights", "disputes over life rights, health rights and body rights" and other specific tort liability disputes. When determining the specific cause of action of a tort liability dispute, the specific cause of action listed in Part IX "Tort Liability Disputes" of the relevant provisions of the Tort Liability Law shall be applied first. If there is no corresponding cause of action, the cause of action under "disputes over personality rights" shall be re-applied. Motor vehicle traffic accidents may cause personal injuries and property losses. When determining the cause of action, Title IX of the cause of action for liability disputes in motor vehicle traffic accidents should be applied, but Title I of the cause of action for disputes over life, health and physical rights should not be applied, nor should Title III of the cause of action for disputes over compensation for property damage be applied.
Also, for the part of the cause of action with pause (that is, ","), the corresponding cause of action should be determined according to the specific case, and all the causes of action cannot be directly quoted. Such as "disputes over the right to life, health and body", the corresponding cause of action should be determined according to the specific personality rights and interests infringed.