Research On The Distribution Of Death Pension

With the gradual development of a society under the rule of law,the death pension system has undergone changes from scratch,and the public has gradually formed a certain understanding of the nature and distribution of death pensions.Although my country’s legislation on death pensions is gradually improving,there are still many problems in the distribution of death pensions in reality,and there are still great difficulties in resolving death pension distribution disputes in judicial practice.In our country’s legislation,the concept of death pension has been proposed to gradually involve the standard and specific provisions of death pension.Only the distribution of death pension has been in a blank state in our legislation.Due to the lack of relevant laws and regulations,there is no uniform standard for pension distribution in judicial practice,and different judgment results often appear.Social acceptability is the highest standard for judiciary judgment.In reality,there are a large number of serial lawsuits caused by the unfair distribution of death pensions.It is caused by the low acceptance of judicial judgments by the public,which has caused a steady stream of disputes arising from the distribution of pensions and aggravated the judicial system in our country.The burden of work.Through the research on death pension distribution cases from 2011 to 2020,and select 76 typical death pension distribution cases for in-depth excavation.First,on the basis of summarizing the status quo of the case,it summarized the key issues existing in the current death pension distribution disputes.Secondly,through the literature research method,the types,attribution and nature of death pensions are analyzed and defined.Thirdly,the judgement basis of death pension is evaluated and analyzed by inductive analysis.Third,through the analysis of cases and legislation,the scope of the distribution subject of death pensions is defined.Finally,through step-by-step in-depth analysis,the basic principles for the distribution of death pensions are derived,combined with the nature and principles of death pensions and other factors,to arrive at the order and proportion of the distribution of death pensions.Death pension is not the inheritance of the deceased,but the joint property issued to the close relatives and dependents of the deceased in accordance with relevant national policies and regulations.It has the dual attributes of material living allowance and spiritual comfort.First of all,the distribution principle of death pension is the principle of agreement priority,the principle of family relationship,emotional relationship,economic dependence relationship,the principle of taking into account the efficiency,and the principle of being close to the "deceased’s original intention".Clarify the distribution subject of death pension,specifically including the deceased’s spouse,parents,children,siblings,grandparents,grandparents,grandchildren,grandchildren and other persons with a custody relationship.At the same time,fetuses,transferors,widowed son-in-law and daughter-in-law who have performed their main maintenance obligations,and eligible non-married cohabitants also have the right to participate in the distribution of death pensions.Secondly,in the distribution order of death pension,the deceased’s spouse,parents and children are the first priority,when there are fetuses,transferors,widowed son-in-law and daughter-in-law who have fulfilled their main maintenance obligations,and eligible non-marital cohabitation The winner is also ranked first;other close relatives are ranked second.Priority is given to the first-ranking close relatives for distribution.The second-ranking close relatives and the deceased have a long-term stable economic dependence and close emotional relationship,they can be included in the first-ranking to participate in the distribution.Finally,in terms of the distribution ratio of death pensions,if there is an agreement,it will be distributed according to the agreement;if there is no agreement,it should be distributed on the basis of equal distribution,combining the actual situation of the case,and integrating the economic and emotional relationships between the distribution subjects and the deceased before his death.judgment.For the distribution subjects in the same order,those who have lived with the deceased for a long time should be divided appropriately,those who have performed the main maintenance or support obligation to the deceased should be appropriately divided,and those with financial difficulties and lack of labor ability should be appropriately divided.