The two sessions made suggestions
When unpaid blood donors need to use blood due to various circumstances, their blood costs will be reimbursed by the blood management department. However, if an unpaid blood donor is injured by a traffic offender, can the perpetrator be exempted from the liability for compensation for the cost of using the blood?
Fu Xinping, deputy to the National People's Congress and chief procurator of the Guizhou Provincial Procuratorate, noticed this contradiction in his work. At the two sessions of the National People's Congress in 2022, he jointly proposed a bill by 30 deputies to the National People's Congress to amend the provisions of the Blood Donation Law at an appropriate time to prohibit profits from others donating blood without compensation.
Fu Xinping, deputy to the National People's Congress and chief procurator of the Guizhou Provincial Procuratorate
According to reports, a civil protest case recently handled by the Guizhou Provincial Procuratorate involves this contradiction. In this case, the victim of the traffic accident, Yuan XX, was injured and disabled by Wen XX's driving collision, because Yuan XX was a voluntary blood donor, and the 5180 yuan blood cost generated during hospitalization had been reimbursed by himself, and the court ruled that "the compensation for the traffic accident is a direct loss caused by the infringement" and ruled that the 5180 yuan blood cost should not be compensated.
Subsequently, Yuan Moumou was not satisfied with the court's judgment and applied to the procuratorate for supervision. Fu Xinping, as the procurator in charge of the case, has lodged a protest with the court.
He believes that the current blood donation law came into force on October 1, 1998, and it has been more than 20 years. The first paragraph of Article 14 of the Blood Donation Law stipulates: "Citizens shall only pay for the collection, storage, separation, testing and other expenses used for blood when using blood clinically; the specific charging standards shall be formulated by the administrative department of health under the State Council in conjunction with the competent department of pricing under the State Council." The second paragraph stipulates: "When unpaid blood donors need to use blood clinically, they shall be exempted from the fees provided for in the preceding paragraph; when the spouses and immediate family members of unpaid blood donors need to use blood clinically, they may be exempted from or reduced from the fees provided for in the preceding paragraph in accordance with the provisions of the people's governments of provinces, autonomous regions, or municipalities directly under the Central Government." ”
"This provision has played an important role in ensuring the need and safety of medical and clinical blood, ensuring the health of blood donors and blood users, and encouraging the public to donate blood for free." However, he believes that in judicial practice, the blood costs incurred by unpaid blood donors, their spouses and close relatives due to infringement have been reimbursed by the blood management department, and whether the infringer or compensation obligor compensates, the blood donation law has no clear provisions, resulting in the phenomenon of "different judgments in similar cases" occurring repeatedly.
Fu Xinping said that the purpose of the state's reimbursement of blood expenses is to encourage the public to donate blood without compensation, and to reasonably disperse the losses of unpaid blood donors, their spouses and close relatives when they suffer personal injury through the reimbursement of blood expenses. If the injured person's reimbursed blood expenses cannot be claimed against the infringer or the compensation obligor, the liability that the infringer or the compensation obligor should bear according to law is not fully assumed, and the liability of the infringer or the compensation obligor is objectively reduced. The infringer or indemnity obligor actually becomes the beneficiary of the State's unpaid blood donation incentive, and the consequences of the infringement are inconsistent with the pursuit of liability.
Accordingly, Fu Xinping, together with 30 guizhou regimental deputies, proposed a motion to amend the relevant provisions of the Blood Donation Law in a timely manner, adding a paragraph to Article 14 as the third paragraph: "If an unpaid blood donor, his spouse or close relatives are exempted from paying blood expenses in accordance with the provisions of the preceding paragraph, the infringer or the compensation obligor shall not be exempted from the liability for compensation." ”
Fu Xinping believes that the addition of the above provisions is conducive to encouraging and advocating the public to carry forward the humanitarian spirit of unpaid blood donation, protecting the legitimate rights and interests of unpaid blood donors in accordance with the law, and effectively alleviating the relative shortage of medical blood in the mainland. At the same time, it is conducive to unifying the judicial scale of law enforcement, providing a clearer legal basis for handling such infringement cases in accordance with the law, and effectively safeguarding the unity and authority of the national rule of law.
Nandu reporter Song Chenghan sent from Beijing