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What does this mean by not enough does it mean that the compensation is far less than the loss, and there is also a part of the village committee in this loss. So I don't know how to divide this money... You'd better calculate your losses, but if you can't, you can take a proportional part of yourself first...
And let's see if we can find a reason to do it first.
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Hello, according to the current "Property Law" of our country, no person or institution shall occupy the property of others. If you contract for 94 years, then depending on how many years the contract is, multiply the remaining years by the after-tax income for each year during the business period to compensate your friend for the loss. After-tax income is calculated based on the annual tax payable amount.
With the annual tax payment voucher, go to court to sue the village committee.
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Are the contracts and other formalities signed at the time of the previous contract still in place? As long as the contractual relationship exists, the compensation belongs to the contractor, except for the relevant statutory items such as workers' wages. So it doesn't make sense for the village to deduct this money.
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It is the village's business to owe money. Your friend is paying compensation for demolition, and the village cannot be occupied. If you don't give it, you will sue.
Now the goods are inflationary, waiting for the previous year. Cash depreciated by more than two percent. Can't wait.
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You can go directly to 110 to help you go.
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Legal analysis: If the claim is unsuccessful or there is an objection to the outcome of the claim, it can be filed with an arbitration institution. Eventually, a lawsuit can be filed in the people's court.
Legal basis: State Compensation Law of the People's Republic of China
Article 9: Where the organ with the obligation to compensate has any of the circumstances provided for in articles 3 and 4 of this Law, it shall give compensation. The claimant for compensation shall first submit it to the organ with the obligation to compensate, and may also submit it at the same time as the application for administrative reconsideration or the initiation of an administrative lawsuit.
Article 10: Claimants for compensation may request compensation from any of the organs with joint compensation obligations, and the organs with compensation obligations shall make compensation in advance.
Article 11: Claimants for compensation may submit several claims for compensation at the same time based on the different damages suffered.
Article 22: Where the organ with the obligation to compensate has any of the circumstances provided for in articles 17 and 18 of this Law, it shall give compensation. Compensation claimants who request compensation shall first submit it to the organ with the obligation to compensate. The provisions of Articles 11 and 12 of this Law apply to the claimant for compensation submitting a request for compensation.
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Compensation items for personal injury:
Medical expenses. Medical expenses include medical fees, ** fees, laboratory fees, medicine fees, hospitalization fees and other medical personal injury expenses.
Lost time pay. Lost time pay is the loss of income due to the victim's personal injury and inability to participate in work, and the loss of time pay is determined according to the victim's lost time and income.
Nursing fees. Nursing expenses refer to the expenses that should be paid to the victim in need of specialized care, and the nursing expenses are determined on the basis of the income status of the nursing staff, the number of nursing personnel, and the duration of nursing care.
Travelling expenses. The transportation expenses are compensated for the transportation expenses incurred by the victim and the nursing staff for medical treatment and hospital transfer**. Transportation expenses are calculated based on the actual expenses incurred by the victim and his/her necessary escorts for medical treatment or transfer**. Transportation expenses shall be based on official bills; The relevant credentials shall be consistent with the location, time, number of people, and number of times of medical treatment.
Accommodation fee. If it is truly necessary for the victim to go to another place** and cannot be hospitalized due to objective reasons, the actual accommodation expenses incurred by the victim and his or her escort are accommodation expenses. The reasonable part shall be compensated.
Hospitalization meal allowance.
Hospitalization meal allowance refers to the food expenses incurred by the victim and his or her attendants during their hospitalization.
Note: The hospital meal subsidy can be determined with reference to the business trip meal subsidy standard for general staff of local state agencies.
Necessary nutrition expenses.
Nutrition expenses refer to the cost of nutritional products necessary for the victim's **.
Disability compensation.
Disability compensation is calculated for 20 years from the date of determination of disability on the basis of the degree of the victim's inability to work or the level of disability, and according to 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. 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.
Necessary expenses, nursing expenses, and follow-up expenses actually incurred due to **nursing care and continuation**.
The compensation rights holder may file a separate lawsuit for the necessary expenses for organ function recovery training, appropriate cosmetic surgery fees, and other follow-up expenses. However, if the expenses that are determined to be incurred on the basis of the medical certificate or appraisal conclusion, they may be compensated together with the medical expenses already incurred.
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Civil compensation may refer to the Supreme People's Court's Interpretation on Several Issues Concerning Compensation for Damages Suffered by Adjudicators.
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Please describe the specific problem so that it can be effective.
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Article 9 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases stipulates that engaging in employment activities refers to engaging in production and business activities or other labor activities within the scope authorized or instructed by the employer. Where an employee's conduct exceeds the scope of authorization, but its expression is in the performance of duties or is intrinsically related to the performance of duties, it shall be found to be engaging in employment activities.
At the same time, Article 11 stipulates that if an employee suffers personal injury in the course of employment activities, the employer shall be liable for compensation. If a third party outside the employment relationship causes personal injury to an employee, the person entitled to compensation may request the third party to bear the liability for compensation, and may also request the employer to bear the liability for compensation.
After the employer assumes the liability for compensation, it can recover from a third party.
From what you have reported, it can be seen that your father has a relationship-based employment relationship with a small worker. If a worker suffers personal damage in the course of his labor, your father shall be liable for compensation. Article 17 of the Supreme People's Court's Interpretation stipulates the scope of compensation:
The person obligated to compensate the victim for personal injury, all expenses incurred due to medical treatment** and the loss of income due to lost work, including medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, hospital meal subsidies, and necessary nutrition expenses. If the victim is disabled due to injury, the compensation obligor shall also compensate for the necessary expenses incurred by the victim due to the increase in living needs and the loss of income caused by the loss of the ability to work, including disability compensation, disability assistive device expenses, and living expenses for dependents, as well as the necessary expenses, nursing expenses, and follow-up expenses actually incurred due to nursing care and continuation.
If the other party sues, the lawsuit will obviously be unfavorable to your side. Therefore, it is recommended that you actively negotiate with the other party to try to minimize the loss.
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Employees were injured. The employer is liable unless there is gross negligence.
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Article 35 of the Tort Liability Law provides that if a labor relationship is formed between individuals, and the party providing the service causes damage to others due to the service, the party receiving the service shall bear tort liability. If the party providing the service suffers damage due to the service, it shall bear the corresponding responsibility according to the fault of both parties.
Therefore, it is based on the fault of the responsibility, and you have not made it clear whether your father is at fault or not, so it is recommended to negotiate with the other party to settle it.
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This should be determined according to the results of the disability assessment.
The main compensation after the death of a person is:
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