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The content of the private compensation agreement mainly contains the following contents: the basic events of the agreement; Specify the basic personal information of both parties to the agreement; The reasons for the dispute and the amount of subsequent compensation, the time and method of payment. Both parties shall abide by the principles of equality, voluntariness and fairness to reach an agreement, and finally sign and seal to confirm the date of writing.
1. Civil compensation is a civil liability arising from infringement between equal civil subjects. The subject of civil liability, the nature of liability, and the applicable compensation principles, standards and procedures are different from state compensation in the national legal compensation system, and the tortious acts committed by state functionaries in the capacity of civil subjects are civil torts, and the resulting liability is civil liability.
2. Civil compensation refers to the system in which investors of listed companies are required to pay compensation in accordance with law after their property rights are infringed upon by illegal acts. When an investor's request for compensation is brought to the people's court in the form of a lawsuit, this kind of litigation constitutes a civil litigation compensation mechanism unique to the market.
III. Characteristics and Necessity of the Market Civil Compensation SystemThe market civil litigation compensation mechanism has its own characteristics that are different from those of general civil litigation: First, the amount of compensation is huge. Where there is a right, there must be a remedy.
When the legitimate interests of the right holder are unlawfully infringed, it is necessary to establish both a remedy for civil compensation and a punitive measure against the wrongdoer. The former is usually manifested in the civil litigation compensation system, while the latter is manifested in administrative penalties and criminal cases.
4. In the case of civil compensation in the market, there is a final property protection issue, that is, if the investor or shareholder wins the lawsuit, there must be corresponding material property that can be compensated, and cannot become a "judicial white slip". Therefore, it is necessary to establish the following measures.
5. Establish a financial recovery system for state administrative fines and criminal fines. In the first market, the establishment of the principle of priority of civil compensation, the administrative department responsible for market supervision of the relevant responsible institutions and individuals to impose administrative fines and penalties, or the judicial authorities to the relevant responsible institutions and individuals after the criminal fines, its income must be handed over to the treasury, but the consequences of illegal acts are not only to destroy the market order, but also to infringe on the rights and interests of investors.
6. After the administrative department and the judicial department make a fine or fine, if there is a civil compensation and the compensation is insufficient, a part of the fine or fine shall be used for civil compensation, and the exercise of public power cannot infringe on the protection of private rights, for which Article 207 of the ** Law has corresponding provisions.
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A private compensation agreement can be written like this:
1. Party A shall pay a one-time compensation for damages to Party B within 5 days after the signing of this agreement.
2. The one-time damages in Article 1 include Party B's transportation expenses, nursing expenses, lost work expenses, food and accommodation expenses, follow-up expenses, mental losses and other losses required by Party B due to the accident.
3. When Party B collects a one-time damages from Party A, it must deliver all medical bills, medical record materials, and other expense bills to Party A at the same time, and ensure the authenticity of the bills and materials.
4. The compensation involved in this agreement is a one-time final compensation, and after Party A pays Party B's fees, Party B shall not claim any rights against Party A for any reason in the future, and Party A shall no longer be liable for any compensation.
5. When this Agreement is signed, both parties shall sign it voluntarily, and there shall be no material misunderstanding or obvious unfairness, and Party A and Party B shall not repudiate the Agreement for any reason.
6. This Agreement shall come into force upon the signature of both parties.
7. This Agreement shall be executed in duplicate, one copy for each Party A and Party B. Both are the original of the agreement and have the same legal effect.
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Private compensation agreement refers to which aspect of the compensation agreement. Work-related injuries require the employer to compensate for damages, and some companies will choose to go private in order to ensure that their business and reputation are not affected, and if they are private, they will not take the judicial road to solve the problem by agreement, so whether the work-related injury compensation agreement is valid. The law allows the employer and the employee to negotiate a settlement of work-related injury compensation.
However, there is currently no clear provision in Chinese law on whether the private agreement during the medical treatment period after the employee is injured has legal effect. However, if the parties file a lawsuit against the disputed agreement, the court shall make a judgment based on the actual situation, combining the principle of fairness and the principle of party autonomy. In order to protect their legitimate rights and interests, after the two or more parties jointly negotiate and reach an agreement, the written materials of the grandson are signed.
An agreement is a type of contractual instrument. It is a legally effective record application document signed by both parties (or parties) in order to resolve or prevent disputes, or to establish a certain legal relationship, and to achieve certain common interests and wishes, after reaching an agreement through consultation. The above is all I have, if you are satisfied with my service, please give a thumbs up, and once again wish you all the best, peace and joy.
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