户籍改革背景下对“同命同价”问题的思考

On “the Same Life the Same Price” under the Background of Household Registration Reform

长期以来,以城乡户籍为标准划分的死亡赔偿金制度在理论与实践中产生较大的争议。未来社会人口构成愈加复杂,城乡二元划分方法已不能适应和解释复杂的现实生活。户籍改革统一登记为居民户口并不能简单地等同于统一赔偿标准。我国可以尝试双轨计算的思路:针对有相对稳定工作的人员,用行业平均工资标准作为死亡赔偿金计算依据;对特殊群体做特殊规定。在维持目前损害赔偿的理论基础的同时,将二元赔偿标准改为多元赔偿标准,尊重人与人之间的差异性,褪去户籍身份色彩,兼顾个案与整体的公平,最终充分保障每一位受害人的合法权益。

For a long time, the death compensation system, which is based on the urban and rural household register, has a great deal of controversy in theory and practice. The population composition of society- is becoming more and more complicated in the turin＇e, and the method of dividing the two parts of re＇ban and rm＇al areas can no longer aeeomntodate and explain the complicated realities of life. Household registration retorm unifies the registration of household accounts, but it can＇t be simply equated with unitorm compensation standards. Our country can adopt the idea of ＂dual calculation models＂： for those who have relatively stable work, the average wage standard is used as the basis for the calculation of death compensation; special provisions are made tor special groups. This way will not only maintain the current theory foundation of compensation, but also will turn binary compensation standard into multiple compensation standards, respect the ditterenees between people, get rid of household registration restrictions, take into account both the individual and the overall tairness, and ultimately tully protect the legitimate rights and interests of each victim.