On The Case Of Personal Harmfulness Compensation To The College Student With Rural Registered Residence

With the development of economy and the change of Registered Residence, thereare more and more rural college students live, consume and study in city. At the sametime, college students’ tort cases happen from time to time. The related personalharmfulness fitness of law problems has the urgency to be researched.one college student with rural Registered Residence was hurt by traffic accidentand he submitted a case to the court. When heard the case, the prosecutor and thedefendant had big difference on the selection to the criteria of physical disabilitycompensation. In this kind of cases, the key arguments fall over to the collegestudents with rural Registered Residence should be given the urban resident treatment.Should the compensation criteria be affected by the specialty of the college students’residence status? How to read the judicial interpretation and its written reply。It’scritical important to solve the series of problems and correctly understand andresearch on related laws.After analyzing the connotation of the citizenship and thereality of our society development, the college students should be treated as cityresidents no matter they have rural or city registered residence.Furthermore, rural college students have their specialty since they not only getthe special treatments from the government but also they have big difference to otherrural people who get their income from the agricultural production. Therefore, theabove factors should be considered when select the compensation criteria.At the sametime, the factors of: the background and its purposes of the related law and judicialinterpretation for the personal harmfulness; the reality of large population of collegestudents from rural areas living in cities; related judicial practices and their guidanceof each province; the judicial interpretation from the Supreme Court of Judicature andits written reply all support the selection of compensation criteria should follow thecity residents’ criteria. Therefore, the compensation criteria for the college studentswith rural Registered Residence following the city residents’ criteria meets therequirements of social reality, fairness and righteous.