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Meaning of pension

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Meaning of pension


        

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  • 2024-06-27 02:01:42

    The pension is a fee paid to the disabled or the family members of the deceased. The pension is the state's consolation (including spiritual and material consolation) and economic compensation for special personnel according to relevant regulations.
    There are no clear provisions on the distribution of death pension in China's laws at present. The distribution in trial practice mainly follows the following distribution principles:
    First, distribution objects are only limited to close relatives and dependents. Close relatives include spouses, parents, children, siblings, grandparents, maternal grandparents, grandchildren, and grandchildren;
    Second, distribution shall be made according to the order of the heirs in the Inheritance Law. That is, the death pension shall be distributed among the spouse, parents and children of the first ranking person first. If there is no first ranking person, it shall be distributed among the brothers and sisters, grandparents, maternal grandparents, grandchildren and grandchildren of the second ranking person.
    Third, in terms of specific division, it is generally necessary to distribute equally among the distribution objects, but at the same time, it is necessary to comprehensively consider the closeness between the distribution objects and the deceased, the maintenance or support obligations of the deceased, living ability, economic status and other objective conditions for the judge to exercise discretion, so as to ensure that the distribution of death pension is more fair and reasonable, It does not violate the purpose and original intention of the death pension.
    According to the above provisions, the pension shall be distributed reasonably according to the close relationship with the deceased and the degree of care.
    Legal basis:
    Article 3 of the Inheritance Law of the People's Republic of China
    Legacy is the legal personal property left by a citizen when he dies.
    Article 10 of the Inheritance Law of the People's Republic of China
    The estate shall be inherited in the following order: first, spouse, children and parents. The second order: brothers and sisters, grandparents, maternal grandparents. After the beginning of succession, the successor in the first order shall inherit, and the successor in the second order shall not inherit. If there is no successor in the first order, the successor in the second order shall inherit. The term "children" as mentioned in this Law includes legitimate children, illegitimate children, adopted children and step children who are dependent on them. The "parents" referred to in this Law include biological parents, adoptive parents and step parents who have supported or supported them. For the purposes of this Law, "brothers and sisters" include brothers and sisters of the same parents, half brothers and half sisters, adoptive brothers and sisters, and step brothers and sisters who have supported each other.

    M***

    2024-06-27 02:01:42

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