Case Concerning Procuratorial Protest over Motor Vehicle Traffic Accident Liability Dispute of Yuan X Song vs. Wen X Qiang and X Insurance Company
(SPP Guiding Case No. 226)
Key words
Supervision of final civil judgments; Traffic accident dispute; Reward for voluntary blood donation; Non-reduction of tort liability
Summary
In a tort liability dispute, if the infringed party receives reimbursement for blood usage costs as a reward for voluntary blood donation, such reimbursement constitutes a lawful incentive for the act of donating blood and is unrelated to the tortfeasor's liability. The fact that the infringed party obtains reimbursement for blood usage costs shall not offset or reduce the tortfeasor's obligation to pay compensation.
Relevant provisions
Article 14 of the Law of the People's Republic of China on Blood Donation
Articles 200, 208, and 209 of the Civil Procedure Law of the People's Republic of China (Rev. 2017, now Articles 211, 219, and 220 in Rev. 2023)
Article 91 of the Rules of the People's Procuratorates for Supervision of Civil Proceedings (for Trial Implementation) (effective since 2013, now Article 90 of the Rules for the Supervision of Civil Proceedings by the People's Procuratorates (effective since 2021) )
