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Earth Sharing | 27 Guiding Opinions on Traffic Accident Dispute Cases (2025)

Publish Time:

Mar 03,2025

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1. In a series of car purchases where the transfer registration of the vehicle has not been processed, and a traffic accident causing personal injury occurs, should the registered vehicle owner bear the liability for compensation for damages?

[Opinion of the Supreme People's Court Civil Division I] Series of car purchases Regarding whether the registered owner of a motor vehicle should bear the liability for compensation when a motor vehicle involved in a traffic accident has not completed the transfer registration or change registration procedures, this should be handled separately based on the specific circumstances of the case: If the motor vehicle has been actually delivered to the buyer and relevant registration materials have been delivered, and the registered owner does not have the right to operate and control or the benefit of operation, while the buyer, who has the legal obligation to handle the change (transfer) registration, fails to handle the registration procedures, then the registered owner of the motor vehicle does not bear the liability for compensation for damages in the traffic accident;

However, within the effective period of the compulsory traffic accident liability insurance contract, if the registered owner fails to legally handle the change procedures for the compulsory liability insurance contract, they should bear joint and several liability without fault with the person responsible for the traffic accident (the current owner of the motor vehicle) within the limit of liability of the compulsory traffic accident liability insurance. Source: Supreme People's Court Civil Trial Division I compiled "Civil Trial Guidance and Reference" (Total No. 35)

2. How is the liability determined in a traffic accident involving "good-faith carpooling"?

[Opinion of the Supreme People's Court Civil Division I] According to Article 119 of the General Principles of the Civil Law of the People's Republic of China, for infringement on a citizen's body causing injury, medical expenses, loss of income due to lost work, living allowance for the disabled, etc., should be compensated; for causing death, funeral expenses, and the necessary living expenses of the deceased's dependents should be paid; The driver should bear responsibility for the good-faith carpooler. The act of the good-faith carpooler riding free does not mean that they are willing to take all risks. The driver's duty of care for the good-faith carpooler is not distinguished based on whether it is paid or unpaid. The principle of no-fault liability also applies to the driver. If the carpooler is at fault, the driver's civil liability should be reduced; if the carpooler is not at fault, the driver's civil liability can be appropriately reduced, but the court should not support compensation for mental distress. Source: Supreme People's Court Civil Trial Division I compiled "Civil Trial Guidance and Reference" (Total No. 36)

[Further Reading]

Civil Code of the People's Republic of China

Article 1217 [Liability for Good-Faith Carpooling] In the event of a traffic accident involving a non-commercial motor vehicle that causes harm to a person who is riding free, and the motor vehicle is responsible, its compensation liability should be reduced, except where the motor vehicle user acts intentionally or with gross negligence.

3. The order of compensation for mental distress and material damage when compulsory traffic accident liability insurance and commercial third-party liability insurance coexist

[Opinion of the Supreme People's Court Civil Division I] The "personal injury and death" stipulated in Article 3 of the "Regulations on Compulsory Insurance for Traffic Accident Liability of Motor Vehicles" includes both property damage and mental distress. The order of compensation for mental distress and material damage within the limit of compulsory liability insurance, the claimant has the right to choose. If the claimant chooses to prioritize compensation for mental distress, the insufficient part of the compensation for material damage will be compensated by commercial third-party liability insurance, which does not exceed the expected contractual obligations of each insurer, nor does it increase the burden on the insurance company, and the people's court should allow this. Source: Supreme People's Court Civil Trial Division I compiled "Civil Trial Guidance and Reference" (Total No. 36)

4. If the traffic police department fails to make a determination of liability for a traffic accident, the people's court may determine the civil liability of each party based on the on-site inspection records and other relevant evidence and in accordance with the provisions of the "Road Traffic Safety Law"

[Opinion of the Supreme People's Court Civil Division I] In the event of a traffic accident involving a motor vehicle, the traffic accident determination issued by the traffic police department is important evidence for the people's court to determine the facts and causes of the accident and determine the liability for the accident. For cases where the traffic police department believes that the facts are unclear, the faults of both parties cannot be determined, and the liability for the accident cannot be determined, the people's court should review the on-site inspection records and all other relevant evidence of the traffic accident case, and in accordance with the relevant provisions of the "Road Traffic Safety Law" and the "Implementation Regulations of the Road Traffic Safety Law", comprehensively use logical reasoning and daily life experience to judge and determine the facts of the traffic accident and whether each party is at fault, in order to determine the civil liability of each party. Source: Supreme People's Court Civil Trial Division I compiled "Civil Trial Guidance and Reference" (Total No. 37)

5. How should compensation liability be borne for casualties of occupants in a traffic accident between motor vehicles that have not purchased compulsory traffic insurance?

[Opinion of the Supreme People's Court Civil Division I] The "Road Traffic Safety Law" does not clearly stipulate how liability should be borne for traffic accidents involving motor vehicles that have not participated in compulsory traffic accident liability insurance. We tend to believe that, for those who have not participated in compulsory third-party liability insurance for motor vehicles, they should be handled in accordance with Article 76 of the "Road Traffic Safety Law", but the application to the situation of casualties of occupants in a traffic accident between motor vehicles that have not purchased compulsory traffic insurance should be excluded. Source: Supreme People's Court Civil Trial Division I compiled "Civil Trial Guidance and Reference" (Total No. 37)

[Further Reading]

Interpretation by the Supreme People's Court on Several Issues Concerning the Application of Law in Trying Cases of Damage Compensation for Road Traffic Accidents (2020 Amendment)

Article 16 If a traffic accident involving a motor vehicle that has not legally purchased compulsory traffic insurance causes damage, and the parties request compensation from the insurer within the limit of liability of the compulsory traffic insurance, the people's court should support it.

If the insurer and the tortfeasor are not the same person, and the parties request that the insurer and the tortfeasor bear the corresponding liability within the limit of liability of the compulsory traffic insurance, the people's court should support it.

6. During the litigation period, the victim changed from agricultural household registration to urban household registration and has been living in the city, how should the disability compensation be calculated?

[Opinion of the Supreme People's Court Civil Division I] According to Articles 25 and 30 of the Supreme People's Court's "Interpretation on Several Issues Concerning the Application of Law in Trying Cases of Personal Injury Compensation", before the conclusion of the second instance, If the victim in a personal injury compensation case changes from rural household registration to urban household registration and has been living in the city, the standard of disposable income of urban residents should be used to determine the amount of disability compensation. Source: Supreme People's Court Civil Trial Division I compiled "Civil Trial Guidance and Reference" (Total No. 38)

7. Can the insurance company use the fact that it has already compensated the insured as a reason to resist the victim's claim for compensation under compulsory traffic insurance?

[Opinion of the Supreme People's Court Civil Division I] According to Article 76 of the "Road Traffic Safety Law", Article 65 of the "Insurance Law", and Article 21 of the "Regulations on Compulsory Insurance for Traffic Accident Liability of Motor Vehicles", If the insured has not legally assumed compensation liability to the victim, the insurance company cannot use the fact that it has already compensated the insured as a reason to resist the victim's claim for compensation. Source: Supreme People's Court Civil Trial Division I compiled "Civil Trial Guidance and Reference" (Total No. 42)

8. Can the "people in the vehicle" in insured motor vehicles be converted into "third parties" in compulsory motor vehicle third-party liability insurance?

【Opinion of the First Civil Tribunal of the Supreme People's Court】When an insured vehicle is involved in a traffic accident, if the occupants of the vehicle leave the insured vehicle, they cannot be regarded as 'third parties' in compulsory motor vehicle third-party liability insurance, and should not be considered as compensation objects within the compensation limit of compulsory motor vehicle third-party liability insurance. Source: "Civil Trial Guidance and Reference" (Total No. 43) compiled by the First Civil Tribunal of the Supreme People's Court

9. For two disability assessments, until which day before the disability assessment should the victim's lost wages be calculated?

【Question】In a personal injury compensation case arising from a traffic accident, the victim underwent a disability assessment commissioned by the traffic police department before filing a lawsuit. After filing the lawsuit, the perpetrator raised objections and requested a reassessment. After soliciting the opinions of both parties, the court commissioned another appraisal institution to conduct a second disability assessment for the victim and adopted the results of this assessment. Until which day should the victim's lost wages be calculated? One opinion is that the lost wages should be calculated until the day before the first disability assessment, because the first disability assessment has already determined the disability, which can be considered as the cut-off time for lost wages. Another opinion is that the victim's lost wages should be calculated until the day before the second disability assessment, on the grounds that the court should make a judgment based on the facts ascertained during the trial. In this case, the court adopted the conclusion of the second disability assessment, which overturned the conclusion of the first assessment, and the first assessment no longer has legal effect. Therefore, the court should use the time of the second disability assessment to determine the amount of lost wages. Which opinion is correct?

【Answer】 In theory, the principle of full compensation is adopted for the compensation of the victim. The sum of the lost wages from the day of the victim's injury to the day before the disability assessment and the disability compensation after the disability assessment is exactly the full compensation for the injury suffered. I agree with the second opinion. Source: "Civil Trial Guidance and Reference" (Total No. 43) compiled by the First Civil Tribunal of the Supreme People's Court

10. To whom should the death compensation for a rural "five-guaranteed household" who died due to a traffic accident or other tortious act belong?

【Opinion of the First Civil Tribunal of the Supreme People's Court】The death compensation received by a rural "five-guaranteed household" due to a traffic accident death should not belong to the township nursing home, which is of a public welfare nature. According to Article 18, Paragraph 1 of the Tort Liability Law, "If the victim dies, his or her close relatives have the right to request the tortfeasor to bear the tort liability." The claimant of the death compensation can only be the close relatives of the deceased. Source: "Civil Trial Guidance and Reference" (Total No. 45) compiled by the First Civil Tribunal of the Supreme People's Court

11. If a tortious act results in the death of an unidentified victim, do civil affairs departments, other administrative departments, or other institutions have the right to file a civil lawsuit?

【Opinion of the First Civil Tribunal of the Supreme People's Court】If a tortious act results in the death of an unidentified person such as a homeless beggar, and there is no compensation claimant or the compensation claimant is unknown, unless the law explicitly authorizes it, if civil affairs departments or other administrative departments or institutions file a civil lawsuit with the people's court, the people's court will not accept it; if it has already been accepted, the lawsuit will be dismissed. Source: "Civil Trial Guidance and Reference" (Total No. 46) compiled by the First Civil Tribunal of the Supreme People's Court

[Further Reading]

Interpretation by the Supreme People's Court on Several Issues Concerning the Application of Law in Trying Cases of Damage Compensation for Road Traffic Accidents (2020 Amendment)

Article 23 If the victim dies due to a road traffic accident, and there are no close relatives or the close relatives are unknown, and an organ or relevant organization not authorized by law files a lawsuit with the people's court claiming death compensation, the people's court will not accept it.

If the tortfeasor requests compensation from the insurance company within the limit of liability of compulsory traffic insurance on the grounds that death compensation has been paid to an organ or relevant organization not authorized by law, the people's court will not support it.

If the victim dies due to a road traffic accident, and there are no close relatives or the close relatives are unknown, the unit or individual that pays the victim's medical expenses, funeral expenses, and other reasonable expenses requests compensation from the insurance company within the limit of liability of compulsory traffic insurance, the people's court should support it.

12. To whom should the funeral expenses for a rural "five-guaranteed household" who died due to a traffic accident or other tortious act belong?

【Opinion of the First Civil Tribunal of the Supreme People's Court】The funeral expenses incurred by a rural "five-guaranteed household" due to death in a traffic accident should not belong to the township nursing home, which is of a public welfare nature. According to Articles 16 and 18, Paragraph 1 of the Tort Liability Law, if the victim dies, his or her close relatives have the right to request the tortfeasor to bear the tort liability, and the compensation includes funeral expenses. If the funeral expenses are paid by others, and the actual expenses paid are within a reasonable range, the payer has the right to request compensation from the tortfeasor according to Article 18, Paragraph 2 of the Tort Liability Law. If the actual expenses are less than the reasonable range, the excess part can be claimed by the close relatives of the victim. Source: "Civil Trial Guidance and Reference" (Total No. 46) compiled by the First Civil Tribunal of the Supreme People's Court

13. After the implementation of the Tort Liability Law, the calculation standards for death compensation and disability compensation can be calculated according to the provisions of the "Interpretation on Several Issues Concerning the Application of Laws in Handling Personal Injury Compensation Cases"

【Question】The death compensation and disability compensation stipulated in Article 16 of the "Tort Liability Law of the People's Republic of China" are different from the scope of personal injury compensation stipulated in the "Interpretation by the Supreme People's Court on Several Issues Concerning the Application of Laws in Handling Personal Injury Compensation Cases". Before the standards for death compensation and disability compensation are determined, can the provisions of the "State Compensation Law" be referred to, using the average annual wage of employees in the previous year as the calculation standard?

【Answer】 Article XVII, paragraphs 2 and 3, of the Supreme People's Court's Interpretation on Several Issues Concerning the Application of Law in Trial of Cases of Personal Injury Compensation (hereinafter referred to as the "Personal Injury Compensation Judicial Interpretation") stipulates that in cases of infringement on the right to life and health, disability compensation, death compensation, and the living expenses of dependents should be paid. Article XVI of the Tort Liability Law stipulates disability compensation and death compensation, but does not include an item for the living expenses of dependents. From the perspective of legislative interpretation, it is generally believed that Article XVI of the Tort Liability Law has changed the relationship between death compensation, disability compensation, and the living expenses of dependents as stipulated in existing laws and judicial interpretations. The death compensation and disability compensation stipulated in the original judicial interpretation did not include the living expenses of dependents, but now the living expenses of dependents have been absorbed into the death compensation and disability compensation stipulated in Article XVI of the Tort Liability Law. To this end, the Supreme People's Court specifically made provisions in the form of a notice: "If the victim has dependents, the living expenses of the dependents should be included in the disability compensation or death compensation in accordance with the provisions of Article XXVIII of the Personal Injury Compensation Judicial Interpretation." This makes the disability compensation and death compensation for victims with dependents consistent with the spirit of the law, and also consistent with our previous practices. In simple terms, the death compensation and disability compensation stipulated in the Tort Liability Law are equal to the sum of the death compensation, disability compensation, and living expenses of dependents stipulated in the judicial interpretation. When trying personal injury tort disputes, the calculation standards for disability compensation and death compensation should be determined in accordance with the above understanding. There is no legal basis for using the average annual wage of employees in the previous year as the calculation standard, with reference to the provisions of the State Compensation Law. Source: Supreme People's Court Civil Trial First Division Compilation "Civil Trial Guidance and Reference" (Total No. 46)

14. In a traffic accident, can the victim bring separate lawsuits against different parties based on different legal relationships to claim compensation?

【Question】Rental A taxi, while in operation, collided with a truck, causing injuries to a passenger. The taxi is found to be fully responsible. The passenger sues the truck, demanding that it bear the liability for damages, and the court rules that the truck party compensates 100,000 yuan. However, during execution, the truck party is unable to pay the full compensation, only paying 20,000 yuan. In this case, can the passenger demand compensation from the taxi company on the grounds of breach of contract?

【Answer】 This traffic accident involves two legal relationships: personal injury compensation and transportation contract. The parties involved in these two legal relationships are different. The personal injury compensation relationship occurs between the passenger and the truck party, while the transportation contract relationship occurs between the passenger and the taxi party; the nature of the legal relationships is different. The relationship between the passenger and the truck party is a tort relationship, while the relationship between the passenger and the taxi party is a transportation contract relationship; the subject matter of the lawsuit is different. The subject matter of the lawsuit between the passenger and the truck party is to claim damages, while the subject matter of the lawsuit between the passenger and the taxi is to claim for breach of contract. Based on the above differences, two independent lawsuits can be formed between the three parties, and the legal consequence of "res judicata" cannot arise. If the passenger brings two separate lawsuits, it does not violate Article 108 of the Civil Procedure Law. However, it should be noted that the principle of damage compensation established by the Tort Liability Law is the principle of compensation, that is, there is compensation only if there is damage, and the amount of compensation is equal to the actual amount of damage incurred. The loss caused to the passenger in this traffic accident is 100,000 yuan, and the effective civil judgment has already ruled on the subject and amount of compensation for this loss. In the legal sense, the passenger's damage has been compensated. If the passenger brings another breach of contract lawsuit, the amount of compensation claimed in the lawsuit should not include the amount that has already been compensated in the tort lawsuit, otherwise, the lawsuit claim may not be supported. Source: Supreme People's Court Civil Trial First Division Compilation "Civil Trial Guidance and Reference" (Total No. 48)

15. If the compensation claimant is still alive after the calculation period for disability compensation determined in accordance with Article 32 of the Personal Injury Compensation Judicial Interpretation expires, can they continue to request the compensation obligor to pay disability compensation?

【Question】 If the compensation claimant is still alive after the calculation period for disability compensation determined by the people's court in accordance with Article 32 of the Personal Injury Compensation Judicial Interpretation expires, and sues the compensation obligor to continue paying disability compensation, should the people's court accept and support the lawsuit?

【Answer】In practice, after the compensation obligation period determined by the people's court according to Article 32 of the Personal Injury Compensation Judicial Interpretation expires, the compensation claimant may still continue to survive. If the compensation claimant has no working ability and source of livelihood, with reference to the spirit of Article 32 of the Personal Injury Compensation Judicial Interpretation, if the compensation claimant sues the compensation obligor to continue paying compensation, the people's court should accept the case. This is because disability compensation is a continuously occurring expense. After the compensation period determined by the people's court expires, if the compensation claimant is still alive and has no working ability and source of livelihood, compensation expenses will continue to be generated. As long as the damage facts still exist, the claimant's right to sue for protection in the people's court should not be restricted by the number of lawsuits. In this case, how the people's court determines the compensation period is not clearly stipulated in the law or judicial interpretation. One view is that the compensation period should be determined in units of one year after comprehensively considering factors such as the victim's age and physical condition. However, this approach requires the compensation claimant to sue in the people's court every year during their lifetime, which undoubtedly increases the litigation costs for the compensation claimant, wastes judicial resources, and has no direct legal basis; another view is that the provisions of Article 32 of the Personal Injury Compensation Judicial Interpretation should continue to be referred to, and the compensation period should be determined within a period of five to ten years. This approach, on the one hand, has a relatively clear basis in the judicial interpretation, and on the other hand, determining the compensation period within five to ten years can reduce the litigation burden on the compensation claimant and is also in line with the standardized compensation principle established in the Personal Injury Compensation Judicial Interpretation. Comparatively speaking, the latter view is more in line with the legislative purpose of protecting the legitimate rights and interests of civil subjects established by the tort law. Source: Supreme People's Court Civil Trial First Division Compilation "Civil Trial Guidance and Reference" (Total No. 48)

16. When the motor vehicle party has not purchased compulsory traffic insurance, how should the liability be borne in the event of a traffic accident?

【Opinion of the Supreme People's Court Civil Division I】For motor vehicles that have not purchased compulsory motor vehicle third-party liability insurance in accordance with national regulations, if a traffic accident causes damage, the insurer of the compulsory motor vehicle third-party liability insurance shall compensate within the limit of liability, and the insufficient part shall be borne by the infringer according to the Tort Liability Law and the Road Traffic Safety Law. Source: Supreme People's Court Civil Trial First Division Compilation "Civil Trial Guidance and Reference" (Total No. 49)

17. If a vehicle has not purchased compulsory traffic insurance, and a traffic accident occurs with a pedestrian, should the compensation liability be borne according to the responsibility of both parties in the traffic accident?

【Opinion of the Supreme People's Court Civil Division I】Article 17 of the Road Traffic Safety Law stipulates that the state implements compulsory motor vehicle third Compulsory insurance system for the liability of vehicle owners. This provision indicates that motor vehicle owners have a statutory obligation to purchase compulsory traffic insurance. The purpose is that, in the event of a traffic accident, the insurance company handling the compulsory traffic insurance can, in accordance with the provisions of the insurance contract, promptly compensate the victim for their personal injury and property losses, protecting the rights and interests of the third-party victim. Article 76 of the law stipulates: "In the event of a traffic accident causing personal injury or death and property damage, the insurance company shall compensate within the limit of liability of the compulsory motor vehicle third-party liability insurance; for any shortfall, compensation liability shall be borne in accordance with the following provisions…" This provision clarifies the manner in which motor vehicle owners bear liability when compulsory traffic insurance has been purchased. That is, in the event of a traffic accident, the insurance company underwriting the compulsory traffic insurance shall first bear the compensation liability within the limit of liability. Losses exceeding the limit shall be borne by both parties to the traffic accident in proportion to their respective degrees of liability. If the vehicle owner fails to purchase compulsory traffic insurance, this constitutes a violation of statutory obligations and will result in corresponding legal liability. This legal liability is the compensation liability within the limit of compulsory traffic insurance as stipulated in the Road Traffic Safety Regulations. This liability is irrespective of whether the motor vehicle was at fault; compensation must be paid as long as an accident occurs. For the portion exceeding the limit, the amount of compensation shall be determined according to the determination of accident liability. In short, in the situation described, the party whose motor vehicle caused the accident shall first bear the limit that should have been compensated by the insurance company, and the remaining losses shall then be shared by both parties to the traffic accident in proportion to their respective degrees of liability. Source: First Civil Trial Division of the Supreme People's Court, "Guidance and Reference for Civil Trials" (Total No. 49)

18. In cases of disputes over compensation for damages from road traffic accidents, can the itemized limits in compulsory motor vehicle traffic accident liability insurance be exceeded?

【Opinion of the First Civil Division of the Supreme People's Court】According to Article 17 of the "People's Republic of China Road Traffic Safety Law" and Article 23 of the "Compulsory Traffic Insurance Regulations," if, after a motor vehicle traffic accident, the victim requests that the insurance company underwriting the compulsory motor vehicle third-party liability insurance compensate for losses exceeding the itemized limits of the compulsory motor vehicle third-party liability insurance, the people's court shall not grant support. Source: First Civil Trial Division of the Supreme People's Court, "Guidance and Reference for Civil Trials" (Total No. 50)

19. Application of the "superior risk burden" principle in determining liability for compensation for damages from traffic accidents

【Opinion of the First Civil Division of the Supreme People's Court】In the absence of a traffic accident liability determination document, the people's court shall determine the civil compensation liability of each party based on the specific circumstances at the time of the accident, including the vehicle performance of both parties, the cause of the dangerous situation, the degree of hazard avoidance capability, and the cause of the resulting damage. Source: First Civil Trial Division of the Supreme People's Court, "Guidance and Reference for Civil Trials" (Total No. 51)

20. Can victims of criminal cases file civil lawsuits for compensation for mental distress?

【Opinion of the First Civil Division of the Supreme People's Court】Can victims of criminal cases file civil lawsuits against criminals for compensation for mental distress? Currently, there are mainly two viewpoints in practice: The first viewpoint holds that the people's court should not accept civil lawsuits filed by victims of criminal cases against criminals for compensation for mental distress. The second viewpoint holds that the people's court should conduct substantive trials of civil lawsuits filed by victims of criminal cases against criminals for compensation for mental distress. We agree with the second viewpoint, for the following reasons:

(1) There is no legal basis for the court to refuse to accept the case

Criminal liability and civil liability belong to different legal systems, and criminal proceedings and civil proceedings are different types of litigation procedures, and different procedural laws and substantive laws should be applied. In this case, the parties have filed a civil lawsuit, and the Civil Procedure Law and civil substantive law should be applied.

From the perspective of procedural law, the right to sue is an important procedural civil right of the parties. If the law does not restrict it, the parties have the right to exercise it, and the Civil Procedure Law does not stipulate that victims of criminal cases cannot file civil lawsuits for compensation for mental distress. The Criminal Procedure Law is the basic procedural law for criminal proceedings. Article 99, from the wording, only stipulates that criminal incidental civil lawsuits can be filed for material losses, and does not explicitly exclude compensation for mental distress. Moreover, Article 99 applies to criminal incidental civil lawsuits, not separate civil lawsuits, and therefore does not apply to this case.

From the perspective of substantive law, the Tort Liability Law came into effect on July 1, 2010. The tortious act and the consequences of the damage in this case both continued after the Tort Liability Law came into effect, so the provisions of the Tort Liability Law can be applied. The "Supreme People's Court's Reply on Whether to Accept Civil Lawsuits Filed by Victims of Criminal Cases for Compensation for Mental Distress" (Interpretation No. [2002] 17) was issued before the Tort Liability Law and is a judicial interpretation in nature, with lower effectiveness than the Tort Liability Law. Therefore, where the two conflict, the Tort Liability Law should be applied. If there was still controversy over this issue before the Tort Liability Law came into effect, then after the Tort Liability Law came into effect, the answer to this issue is already very clear.

(2) Criminal liability and tort liability can coexist

According to Article 4 of the Tort Liability Law, when the same act of a tortfeasor constitutes both the elements of criminal liability and the elements of tort liability, the tortfeasor shall bear both criminal liability and tort liability, and the two liabilities cannot replace each other. This is because:

1. Criminal liability and tort liability differ in nature

Criminal liability stems from the perpetrator's violation of relevant provisions of the criminal law, and is the liability that should be borne for committing a crime. From the perspective of legal system classification, criminal liability is a type of public law liability, where judicial organs pursue the liability of criminals on behalf of the state. It is a legal relationship between the state and individuals, and a means for the ruling party in a political state to maintain social order. Tort liability, as a type of civil liability, stems from the liability borne by the perpetrator for violating civil obligations. From the perspective of legal system classification, it is a type of private law liability, where the perpetrator compensates the victim for their losses. It is a legal relationship between equal civil entities, and a way to compensate for the infringement of private rights in a civil society. The difference in nature leads to differences in the bearing of the two liabilities. For tort liability, the perpetrator and the victim can negotiate and dispose of personal rights on the basis of equality and voluntariness. Criminal liability does not allow such autonomy of will. For non-self-initiated crimes, the criminal cannot be exempted from criminal liability due to the victim's forgiveness.

2. Criminal liability and tort liability differ in function

The main purpose of applying criminal liability is to punish criminals, and at the same time to educate and warn criminals and potential criminals, thereby achieving the purpose of crime prevention. The main purpose of applying tort liability is to compensate the victim for their losses, and through compensation, to restore and remedy the property and personal relationships that have been harmed. Therefore, the claim of double punishment cannot be established.

(3) Compensation for mental distress is an important way to bear tort liability for specific tortious acts

Article 22 of the Tort Liability Law stipulates: "Infringement upon the personal rights of others, causing serious mental harm to others, the victim may claim compensation for mental distress." This is the first time that China has made a clear legal provision for compensation for mental distress. Before this, Article 120 of the General Principles of Civil Law, "If the right to name, portrait, reputation, or honor of a citizen is infringed, he or she has the right to request..., and may also request compensation for losses," has been used as the legal basis for claiming compensation for mental distress. Subsequently, judicial interpretations such as the Supreme People's Court's Answers to Several Issues Concerning the Trial of Reputation Rights, Interpretation of Compensation for Mental Distress, and Interpretation of Compensation for Personal Injury, have made detailed provisions for compensation for mental distress.

Mental distress refers to the intangible pain and suffering caused to the victim by the infringing act. Because mental distress cannot be accurately measured with money, the initial legal provision for compensation for mental distress caused much controversy and discussion about whether the spirit should be superior to material things. However, without compensation for mental distress, the legal status of the spirit is inferior to that of material things, and it is difficult to find a better way to provide full compensation to the victim. The way to best comfort the victim essentially depends on the victim's feelings. Since the victim claims compensation for mental distress, it can be inferred that they believe this method is effective. The view that "punishment is the greatest spiritual comfort for the victim and can replace compensation" essentially ignores the victim's true inner meaning and right to seek private legal redress.

In summary, Mental distress, corresponding to material damage, is a type of damage suffered by the victim, and compensation for mental distress is a form of solace for this mental loss. Therefore, compensation for mental distress falls under "compensation for losses" as stipulated in Article 15 of the Tort Liability Law, belonging to the category of tort liability. Therefore, in conjunction with the analysis in point (i) of this article, there is no theoretical obstacle to the coexistence of liability for compensation for mental distress and criminal liability. Regarding the applicable circumstances for compensation for mental distress, Article 22 of the Tort Liability Law sets two conditions: "personal rights" and "serious mental harm." Personal rights include two major categories: personality rights and status rights, including but not limited to the right to life, the right to health, the right to name, the right to reputation, the right to portrait, the right to privacy, the right to autonomy in marriage, and the right to guardianship. In this case, Wang Moumou was abducted by Chen Mou when he was 4 years old and separated from his parents for 16 years. The mental suffering he and his parents endured is imaginable, and the parent-child relationship and the guardianship rights of his parents were severely damaged. Therefore, according to Article 22 of the Tort Liability Law, compensation for mental distress can be claimed.

If the victim of a criminal case files a civil lawsuit against the criminal for compensation for mental distress, the people's court shall, in accordance with Articles 4 and 22 and other relevant provisions of the Tort Liability Law, hear the case and, in conjunction with the specific circumstances of the case, determine whether the victim's claim should be supported. Source: Supreme People's Court Civil Trial First Division compiled "Civil Trial Guidance and Reference" (Total No. 52)

21. In the trial of road traffic accident cases, the plaintiff has not conducted a disability assessment, and there are new treatment costs every year. How should this situation be handled?

【Opinion of the First Civil Division of the Supreme People's Court】Regarding how to determine the issue of continuous treatment costs due to injury in judicial practice, we believe that it is first necessary to determine whether the treatment for the injury has ended. Whether the treatment has ended is an objective assessment standard. If the parties disagree on whether the treatment has ended, either party may apply for an appraisal. If the other party does not cooperate as necessary, the provisions of Article 75 of the "Supreme People's Court's Several Provisions on Evidence in Civil Litigation" can be applied, which states that "if there is evidence to prove that one party holds evidence and refuses to provide it without justifiable reason, if the other party claims that the content of the evidence is unfavorable to the evidence holder, it can be presumed that the claim is established," to determine the end of treatment and proceed with a disability assessment. For continuous treatment after a disability assessment has been conducted, the burden of proof for the necessity of treatment and its connection to the traffic accident lies with the injured party. As for the degree to which the standard of proof must be reached, the most appropriate method is still appraisal. Source: Supreme People's Court Civil Trial First Division compiled "Civil Trial Guidance and Reference" (Total No. 54)

22. What is the method of reimbursement for medical expenses paid by social medical insurance institutions in personal injury compensation disputes?

【Opinion of the First Civil Division of the Supreme People's Court】Regarding medical expenses already paid by social medical insurance, whether the victim can claim compensation from the tortfeasor. The first opinion is that the victim cannot claim compensation for these medical expenses again. The second opinion is that the victim can claim compensation for these medical expenses from the tortfeasor. The third opinion is that in handling tort cases involving medical expenses paid by medical insurance, two principles should be clarified: first, the victim cannot obtain both medical insurance and compensation from the tortfeasor; second, the tortfeasor cannot reduce its compensation liability because the victim has medical insurance. We agree with the third view. In personal injury compensation disputes, the social insurance system cannot reduce the liability of the tortfeasor, and the victim cannot profit from the tortfeasor's illegal acts. If the social medical insurance institution that has already paid the medical expenses has not participated in the lawsuit, the people's court should notify it of the litigation situation and support its right to reimbursement. Source: Supreme People's Court Civil Trial First Division compiled "Civil Trial Guidance and Reference" (Total No. 57)

23. Unpaid driving causes a traffic accident, how to determine the liability of the unpaid driver and the vehicle owner?

【Opinion of the First Civil Division of the Supreme People's Court】If a driver drives a vehicle for free for the benefit of the vehicle owner and causes a traffic accident, the owner has both operational control and operational benefits of the vehicle and should bear the liability for compensation. The unpaid driver and the vehicle owner constitute a legal relationship of obligatory assistance. Whether the unpaid driver should bear joint and several liability for compensation should be judged based on their subjective fault. Source: Supreme People's Court Civil Trial First Division compiled "Civil Trial Guidance and Reference" (Total No. 57)

24. An incapacitated person with a mental illness who has not worked before a traffic accident is now disabled due to the accident. Should the tortfeasor compensate for disability compensation?

【Opinion of the First Civil Division of the Supreme People's Court】There are currently two main handling opinions on this issue: The first opinion is that disability compensation is compensation for the reduction in income or loss of livelihood due to disability, and includes compensation for mental distress suffered by the compensation claimant. Because an incapacitated person with a mental illness had no income before the traffic accident, there is no so-called mental distress, so the tortfeasor does not need to pay disability compensation.

The second opinion is that the victim has suffered severe physical pain due to the traffic accident injury, and the value of human life has no essential difference. Article 16 of the Tort Liability Law does not stipulate any exceptions for disability compensation. Therefore, the calculation of disability compensation is not necessarily related to whether the victim had the capacity to work before the traffic accident. If the victim is injured in a traffic accident and constitutes a disability grade, the disability compensation should still be supported.

We believe the second opinion is correct. Source: Supreme People's Court Civil Trial First Division compiled "Civil Trial Guidance and Reference" (Total No. 58)

25. In situations where the driver of the insured motor vehicle is driving illegally without a license, while drunk, or under the influence of drugs, does the right of recourse of the compulsory traffic insurance company extend to the vehicle owner and administrator? How should the object and scope of its right of recourse be determined? How should the procedures for tort litigation and recourse litigation be linked?

[Opinion of the Supreme People's Court Civil Division I]: According to the provisions of Article 18 of the "Judicial Interpretation of Road Traffic", after the compulsory traffic insurance company assumes compensation liability to the victim within the scope of liability insurance, it has the right to claim recourse from the tortfeasor for the full amount it has already paid.

Regarding the person subject to recourse, when the motor vehicle owner, administrator, and actual driver are separate, if the actual driver caused the damage while performing work tasks, then the employer is the person subject to recourse; in other situations, if the motor vehicle owner or administrator knows or should know about the illegal driving behavior of the actual driver as stipulated in Article 18 of the judicial interpretation, the motor vehicle owner or administrator should bear the obligation to be subject to recourse according to their fault.

Regarding the relationship between tort litigation and recourse litigation, the following handling should be adopted in judicial practice: In the prior lawsuit, after the court of first instance explains, if the plaintiff applies to add the motor vehicle owner or administrator as a defendant, it should be granted; if the plaintiff does not apply to add after the explanation, the motor vehicle owner or administrator can be notified to participate in the lawsuit as a third party. Source: Supreme People's Court Civil Trial First Division compiled "Civil Trial Guidance and Reference" (Total No. 59)

26. Does the branch company of an insurance company have the subject qualification for litigation?

【Question】 The plaintiff, as the policyholder, handled personal insurance business for her husband at a county-level marketing service department of a certain insurance company, with the plaintiff as the insurance beneficiary. The insurance company provided a standard contract that was approved and stamped by the company's provincial branch and the head office (located in Beijing), while the insurance premiums were collected by the company's city center branch and an invoice was issued. After Huang's death, for the purpose of claim settlement, Yuan sued the county-level marketing service department and the city center branch (both with business licenses) of the insurance company as co-defendants. The city center branch of the company argued that it was not a qualified defendant and that the provincial branch should be the defendant. Who is the qualified defendant? The collegial panel has three opinions: The first opinion believes that the city center branch of the company is a qualified subject. The second opinion believes that the city center branch and the provincial branch of the company should be co-defendants. The third opinion believes that the provincial branch should be the defendant. Please: Which opinion is correct?

【Answer】 The first opinion is correct. The reason is:

First, the act of the city center branch of the insurance company collecting insurance premiums shows that it is the actual performer of the insurance contract and is a qualified defendant. Although the insurance contract in this case was approved and stamped by the provincial branch of the insurance company, the negotiation of the contract with the plaintiff was conducted by the county-level marketing service department of the insurance company, that is, the offer and acceptance occurred between the plaintiff and the county-level marketing service department of the insurance company. The act of the city center branch collecting insurance premiums and issuing invoices shows that it is the actual performer of the insurance contract. Based on the actual situation of contract negotiation, signing, and performance, the plaintiff listed both as defendants, which is in line with the principle of good faith and credit, and there is no situation of falsely listing defendants to dispute jurisdiction. Therefore, the first opinion, based on Article 20 of the "Interpretation of the Supreme People's Court on Several Issues Concerning the Application of the Insurance Law of the People's Republic of China (II)", is correct in determining that the city center branch of the insurance company is a qualified defendant.

Second, the contract in this case is a standard contract, and it should be interpreted in a way that is favorable to the plaintiff. In this case, the plaintiff actually handled the insurance business at the county-level marketing service department of the insurance company, the city center branch collected insurance premiums and issued invoices, the insurance contract was approved and stamped by the provincial branch of the insurance company, and the four-level institutions of the insurance company all participated in the signing and performance of the insurance contract. There are more than two interpretations on how to determine the subject of the insurance contract. According to Article 41 of the Contract Law of the People's Republic of China: "If there is a dispute over the interpretation of standard clauses, it should be interpreted according to common understanding. If there are two or more interpretations of standard clauses, an interpretation unfavorable to the party providing the standard clauses should be made. If the standard clauses and non-standard clauses are inconsistent, the non-standard clauses should be adopted. An interpretation unfavorable to the insurance company should be made, therefore, the request of the city center branch that it is not a qualified defendant should not be supported. Source: Supreme People's Court Civil Trial First Division compiled "Civil Trial Guidance and Reference" (Total No. 61)

27. "Farmers-turned-city-dwellers" who still enjoy rural contracted land shall have their disability compensation calculated according to the compensation standard for urban residents.

[Opinion of the Supreme People's Court Civil Division I] When the damage occurred, the victim's household registration had been changed from rural to urban according to local policies. Regardless of whether the victim still enjoys rural contracted land and engages in agricultural production after the change of household registration, the death compensation and disability compensation for "farmers-turned-city-dwellers" should be calculated according to the compensation standard for urban residents. Source: Supreme People's Court Civil Trial First Division compiled "Civil Trial Guidance and Reference" (Total No. 80)

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