When it comes to death compensation, ask a professional to help answer it!

The main compensation after the death of a person is:

2. Living expenses of dependents: Calculated according to the degree of the dependent's inability to work, according to the per capita consumption expenditure of urban residents and the per capita annual living expenditure of rural residents in the previous year at the location of the court where the lawsuit is filed. if the dependant is a minor, it is calculated to be 18 years old; If the dependant is unable to work and has no other livelihood**, 20 years shall be counted.

However, if the age is over 60 years old, the age shall be reduced by one year for each additional year; Those over the age of 75 are counted as five years.

Dependents refer to minors who are legally obliged to support the victim or adult close relatives who have lost the ability to work and have no other livelihoods. Where the dependents have other dependents, the compensation obligor shall only compensate the victim for the portion that should be borne in accordance with law. Where there are several dependents, the total amount of annual compensation shall not exceed the per capita consumption expenditure of urban residents or the per capita annual living expenditure of rural residents in the previous year.

3. The death compensation shall be calculated on the basis of the per capita disposable income of urban residents or the per capita net income of rural residents in the previous year at the location of the court where the lawsuit is filed, and shall be calculated over a period of 20 years. However, if the age is over 60 years old, the age shall be reduced by one year for each additional year; Those over the age of 75 are counted as five years.

4. Moral damages.

5. Other reasonable expenses such as transportation expenses, accommodation expenses, and loss of work incurred by the victim's relatives in handling funeral matters.

The specific amount varies from place to place, and needs to be calculated comprehensively according to the liability, household registration, number and age of dependents, local living standards, insurance, etc.

According to the "Measures for the Handling of Road Traffic Accidents", the average living expenses of the place where the traffic accident occurred are calculated according to the compensation for 10 years. For those under the age of 16, the age is reduced by one year for each year younger. For those over 70 years old, the age will be reduced by one year for each additional year, and the minimum will not be less than five years, that is, under the age of 11 and over 75 years old, they will be compensated!

The above is about how specific the standard of death compensation is!

This cannot be compensated according to the law, because it is not a work-related injury if you do not work during working hours, and it has nothing to do with the unit if you burn coal for heating and burning coal, and it has nothing to do with the unit.

The subject of the right to death compensation first refers to the close relatives within the scope of the family members living with the deceased. The compensation for death shall be compensated by the compensation obligor for a material loss caused by the deceased's unnatural death, and shall be inherited by the legal heirs of the deceased in accordance with the relevant regulations.

Article 1127 of the Civil Code of the People's Republic of China The inheritance shall be carried out in the following order:

1) First order: spouse, children, parents;

2) Second order: siblings, grandparents, maternal grandparents. After the inheritance begins, it is inherited by the first-order heirs, and the second-order heirs do not inherit; If there is no first-order heir, the second-order heir shall inherit.

For the purposes of this Part, the term "children" includes legitimate children, children born out of wedlock, adopted children and dependent stepchildren. The term "parents" as used in this Part includes biological parents, adoptive parents, and step-parents who have a relationship of support. The term "siblings" as used in this Part includes siblings of the same parents, half-siblings or half-siblings, adoptive siblings, and step-siblings who have a dependent relationship.

First of all, it is necessary to clarify to whom and what kind of damages are paid for death benefits. Death compensation is not compensation for property damage to the deceased, which has reached a consensus in China's civil legislation and judicial practice. Because the rights and capacity of the deceased have been extinguished, the qualification of civil subjects no longer exists, and the deceased has not suffered property damage, so there is no question of compensation.

Since the death compensation is not compensation for the property damage of the deceased, it should of course be compensation for the relatives of the deceased. There are two doctrines: one is the loss of support theory.

That is, due to the death of the victim, the dependents who are obliged to provide maintenance according to the law during his lifetime have lost his livelihood**, and the scope of compensation is the share of maintenance that the dependents received or were entitled to receive from the victim's income during his lifetime. The other is the doctrine of loss of inheritance. That is, if the victim is still alive, he will inherit the income received in the future as an inheritance by his legal heirs, because the tortfeasor's act has caused the loss of the property of such expected future gains.

The scope of compensation is the loss of future benefits as a result of the death of the victim.

Secondly, the theory adopted by the latest judicial interpretation in China, the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases (hereinafter referred to as the "Interpretation"), is the theory of loss of inheritance.

First, the Interpretation defines death compensation as property damage, and if the victim suffers mental anguish as a result, he or she has the right to claim solatium for moral damage in accordance with the provisions of the Judicial Interpretation on Liability for Moral Damages in Civil Torts.

Second, the Interpretation has clearly stipulated that the compensation obligor shall be liable for the living expenses of the dependents, and if the theory of loss of support is adopted, it will lead to a conflict between the provisions on death compensation and the living expenses of the dependents.

At the same time, the Interpretation also stipulates the coexistence of living expenses, spiritual solatium and death compensation for dependents in the death compensation, which not only solves the problem of living relief for relatives and non-relatives dependents, but also solves the problem of compensation for the mental suffering of the relatives of the deceased. As for the death benefit, it can only be regarded as an inheritance.

Thirdly, in judicial practice and in real life, in any tort compensation case that causes death, whether it is a mining accident, sea average, traffic accident, or intentional injury, the relatives of the deceased claim for death compensation will appear as heirs. If there is a dispute between relatives over the distribution of death compensation, the court can only deal with it in accordance with the statutory inheritance clause in the Civil Code.

To sum up, whether in legal theory or judicial practice, death compensation has the nature of inheritance, in the form of death compensation, and the content is essentially inheritance. Since death benefits are defined as inheritances, it is only natural that they should be used to pay off the debts of the deceased during his lifetime.

Legal analysis: Death compensation, also known as death compensation, refers to a certain amount of compensation given by the relevant responsible person to the family of the deceased in accordance with certain standards if the victim dies due to various abnormal accidents or death. It includes not only the funeral expenses of the deceased, but also various compensation such as the spiritual pension of his relatives.

Legal basis: Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases》 Article 29: Death compensation is calculated on the basis of the per capita disposable income of urban residents or the per capita net income of rural residents in the previous year at the location of the court where the lawsuit is filed, and is calculated on the basis of 20 years of absence. However, if the age is more than 60 years old or older, the age shall be reduced by one year for each additional year; Those over the age of 75 are counted as five years.

1. The death compensation is related to the economic level of the court where the lawsuit is filed. It is assumed that if the economic level of the place where the court is filed is relatively good, the per capita disposable income of urban residents or the per capita net income of rural residents will be relatively high, and the total amount of death compensation will be relatively high.

2. The death compensation is related to the deceased's account. In the same area, the per capita disposable income of urban residents and the per capita net income of rural residents are not consistent, and there are often huge differences sometimes, resulting in a difference of several times in the amount of death compensation. Therefore, the law stipulates the conditions for rural households to receive compensation for death in accordance with the income standard of urban residents, and the close relatives of the deceased can actively strive for it according to the conditions.

3. The death compensation is related to the biological age of the deceased. When the victim is older, it is not appropriate to make a larger death compensation according to the characteristics of the existence of life, so the national law links the number of years of death compensation with the age of the person, and the older the age, the less death compensation will be obtained.

1) Urban residents are: death compensation, per capita disposable income of urban residents in the previous year for 20 years, and those over 60 years old (actual age 60); 5 years for those over 75 years old Beijing 2013 death compensation: 729,380 yuan (that is, 36,469 yuan 20 years, death compensation according to the per capita disposable income standard of urban residents in the previous year at the location of the court where the lawsuit is filed, calculated on the basis of 20 years.

However, if the age is over 60 years old, the age shall be reduced by one year for each additional year; Those over the age of 75 are counted as five years. Spiritual solace: 50,000-100,000 yuan (this is the general scope of compensation in Beijing, not absolute). The sum of the above two items is:

The lowest is 779,380 yuan, and the highest is 829,380 yuan.

chronological age 60); 5 years for those over 75 years old 2013 Beijing death compensation: 329,520 yuan (i.e. 16,476 yuan 20 years, death compensation is calculated according to the per capita net income of rural residents in the previous year at the location of the court where the lawsuit is filed, calculated on the basis of 20 years. However, if the age is over 60 years old, the age shall be reduced by one year for each additional year; Those over the age of 75 are counted as five years. Spiritual Solace:

50,000-100,000 yuan (this is the general general compensation range of Beijing, not absolute). The total of the above two items is: the lowest is 379,520 yuan, and the highest is 429,520 yuan.

3) Death compensation for persons under the age of 60 per capita disposable income of urban residents (per capita net income of rural residents) in the previous year for 20 years.

4) Death compensation for persons aged 60-75 per capita disposable income of urban residents (per capita net income of rural residents) in the previous year 20 (actual age 60).

5) Death compensation for persons over the age of 75 per capita disposable income of urban residents (per capita net income of rural residents) for 5 years in the previous year. Death, injury or property damage caused by motor vehicles such as automobiles or non-motor vehicles. In a broad sense, traffic accidents can also include accidents caused by railway rolling stock, ships, and aircraft, but traditionally only refer to road transport and urban traffic.

Death compensation, funeral expenses, child support, alimony, and living expenses. In other words, if a person dies, the state shall compensate for the death compensation, funeral expenses, alimony expenses, maintenance expenses, living expenses and other items.

1. The standard of compensation for the death of a citizen.

1. The relationship between the deceased and the employer is a labor contract, and the employer shall pay social insurance including work-related injury insurance for the employee. If the employer fails to pay work-related injury insurance for the employee in accordance with the regulations, the employer shall pay the expenses in accordance with the work-related injury insurance compensation standard.

2. About the amount of compensation.

3. If the unit refuses to compensate, it can request the labor administrative department to deal with it, or apply for labor arbitration or litigation.

2. The amount of compensation for the death of a citizen.

1) Funeral subsidy, 6 months of the average monthly salary of employees in the region in the previous year;

2) The pension for supporting relatives shall be paid to relatives who provided the main livelihood of the deceased and are unable to work according to a certain proportion of the deceased's monthly salary before his death. 40% per month for spouses and 30% per month for other relatives. The sum of the pensions for dependent relatives shall not exceed 100 per cent per month.

3) A one-time work-related death allowance is the average monthly wage of employees in the region in the previous year for 48 to 60 months. This may vary from place to place.

3. What are the items of state compensation for the death of a person?

1. Compensation for infringement of citizens' personal freedom.

Medical expenses, nursing expenses, lost work expenses, disability compensation, disability living aids, ** expenses, child support, maintenance expenses, living expenses. Resulting in death: death compensation, funeral expenses, child support, alimony, and living expenses.

3. Eliminate the impact of mental damage, restore reputation, apologize, and solatium for mental damage.

4. Compensation for direct losses and indirect losses caused by infringement of the property rights of citizens, laws, and servants and other organizations.

Legal basis

Law on State Compensation

Article 34 Where a citizen's right to life and health is violated, the compensation shall be calculated in accordance with the following provisions, and where death is caused, compensation and funeral expenses shall be paid, the total amount of which shall be 20 times the average annual wage of the state employee in the previous year. Living expenses shall also be paid to persons who are unable to work and who are supported by the deceased during his lifetime. The standards for the payment of living expenses provided for in items (2) and (3) of the preceding paragraph are to be implemented with reference to the local minimum subsistence security standards.

If the dependent person is a minor, the maintenance allowance shall be paid until the age of 18; For other persons who are unable to work, living expenses shall be paid until the time of death. Article 35 stipulates that in the circumstances provided for in Article 3 or Article 17 of this Law, where mental harm is caused, the victim shall be affected within the scope of the impact of the infringement, the impact shall be eliminated, the reputation restored, and a formal apology shall be made; where serious consequences are caused, a corresponding solatium for mental harm shall be paid.