1. What to do if death compensation is not paid
1. No compensation Death compensation is a civil dispute, and the dispute can be resolved through the following channels:
(1) Negotiation. On the basis of equality and voluntariness, both parties reach a settlement agreement through friendly negotiation, mutual understanding and concession, and then resolve the dispute.
(2)Mediation. Under the auspices of relevant organizations (such as the People's Mediation Committee) or intermediaries, disputes can be resolved by distinguishing right from wrong, clarifying responsibilities on the basis of equality, voluntariness, and legality, and by presenting facts and reasoning to encourage both parties to reach an agreement on their own initiative.
(3) Arbitration settlement. The parties to the dispute submit an application to the arbitration institution based on the arbitration agreement or the arbitration clause in the contract reached before or after the dispute, and the arbitration institution will hear it in accordance with the law and make an award, which will be implemented through the parties' conscious performance of the award or one party's application to the People's Court for compulsory execution. The dispute was resolved.
(4) Litigation settlement. Resolving the dispute through litigation means that one party to the dispute files a lawsuit in the People's Court in accordance with the law, and the court hears it in accordance with the law, makes a judgment or ruling, and resolves the dispute through the parties' conscious performance of the effective judgment or the compulsory execution of the People's Court.
2. Legal basis: Article 3 of the "Civil Procedure Law of the People's Republic of China"The People's Court accepts cases involving citizens The provisions of this Law shall apply to civil lawsuits brought between persons, between legal persons, between other organizations, and between them due to property relations and personal relations.
Article 2 of the Arbitration Law of the People's Republic of ChinaCitizens and legal persons who are equal subjects and itsContract disputes and other property rights disputes between other organizations can be arbitrated.
Article 17 of the "People's Mediation Law of the People's Republic of China"The parties may file a petition with the people The Mediation Committee applies for mediation; the People's Mediation Committee can also take the initiative to mediate. If one party explicitly refuses to mediate, there shall be no mediation.
2. Death compensation is the scope of inheritance ?
Inheritance is all personal property and other property rights that can be inherited by law when a citizen dies. That is, inheritance is what a citizen leaves behind when he dies. personal legal property.
Death benefits are compensation paid to the deceased’s next of kin based on the death of the deceased. There are great similarities between the two. They both occur based on the death of a citizen, and the beneficiaries are basically the same. However, death compensation is not a type of inheritance for the following reasons:
(1) It can be seen from the inheritance section of the Civil Code that death compensation does not Included within the enumerated heritage. To date, there is no law that provides for death benefits as inheritance.
(2) Inheritance is the personal property that survives when a citizen dies. The time of death of a citizen is the specific time limit for delimiting the inheritance. Death compensation is incurred after the citizen dies due to a personal injury accident, rather than what is left when the citizen dies, so it is not an inheritance.
(3) The estate has foreseeable disposition characteristics, such as the deceased made a will during his lifetime to dispose of his property after death. Death compensation is unpredictable, not to mention the deceased's personal disposition during his lifetime, so it is not an inheritance.
According to the provisions of the Civil Procedure Law, non-compensation for death compensation is a civil dispute. The parties may negotiate on their own, apply for mediation, apply for arbitration or apply to the People's Court Resolve disputes by means of litigation, etc. I hope the above content can be helpful to you. If you have other questions, you can click the button below for consultation, or go to the Legal Savior website to consult a professional lawyer.
