compensation for the death of employees at work is not the inheritance of the deceased, but compensation for the property losses of close relatives, so it cannot be inherited as an inheritance. Among them, the one-time funeral subsidy and the pension for supporting relatives have clear directionality and cannot be distributed as * * * with property losses. Only those who can participate in the distribution are one-time work-related death subsidies. In judicial practice, the distribution of one-time work-related death subsidy is generally based on the principle of taking care of women and children after deducting the supplementary part of funeral subsidy for workers who died at work, and referring to the scope of heirs in the inheritance law.
therefore, it is the children, spouses and parents of the workers who have the right to distribute the compensation for work-related death. When receiving it, they should sign it with the elected agent or all of them.
the Supreme People's Court
Reply on whether the compensation for air crash death can be treated as an inheritance
(24) Minyitazi No.26
Guangdong Higher People's Court:
Your request for instructions on whether the compensation for death can be treated as an inheritance has been received. After research, the reply is as follows:
The compensation for air crash death is the compensation paid to the close relatives of the deceased based on his death. The right holder to receive compensation for the death of an air crash is the close relatives of the deceased, not the deceased. Therefore, the compensation for air crash death should not be recognized as heritage.
the above comments are for your reference.
March 22nd, 25
Law of the People's Republic of China on Succession of China
Article 1 The inheritance shall be inherited in the following order:
First order: spouse, children and parents.
second order: brothers and sisters, grandparents, grandparents.
after the inheritance begins, it will be inherited by the successor in the first order, but not by the successor in the second order. If there is no successor in the first order, it will be inherited by the successor in the second order.
the children mentioned in this law include children born in wedlock, children born out of wedlock, adopted children and stepchildren with dependency.
the parents mentioned in this law include biological parents, adoptive parents and step-parents who are dependent.
Brothers and sisters mentioned in this Law include brothers and sisters of the same parents, half-brothers or half-brothers, adopted brothers and sisters, and stepbrothers and sisters who have a dependency relationship.