"This kind of lawsuit is the most distressing." Liu Fang, a social psychologist at South-Central University for Nationalities, said that the death of a relative is already a very painful thing, and it will undoubtedly be even more painful if other relatives file a lawsuit for death compensation. People should cherish their family ties. After all, money is a thing outside the body, and the opposition between relatives will be a permanent pain in their hearts.
It is understood that the parties who resort to law to solve the dispute over the division of death compensation are close relatives of the deceased, and disputes between parents-in-law and daughter-in-law, between parents-in-law and son-in-law, and between brothers and sisters are the main contents of such disputes. But the status of the two sides in the family is often extremely unequal. The defendant is often a family member who has the economic initiative or participates in the claim or actually keeps the death compensation, while the plaintiff's family status is relatively weak, mostly the elderly, minors or women.
Liu Fang said that if the families of the deceased could be rational, modest and understanding, such a lawsuit could have been avoided. Because no matter who wins or loses, no matter how the death compensation is finally distributed, family ties will not heal.
The increase of cases: the lack of legal awareness is the main reason.
Although people's lives can't be measured by money, after a short period of comfort that people can't be resurrected after death, many relatives turned their attention to death compensation, and then the tragedy of disputes and family ties intensified. In recent years, such cases have occurred frequently in Yichang, and greed for money and weak legal awareness are the main reasons for such cases.
Yu Lining, a lawyer of Ji Min Law Firm in Hubei Province, said that he represented many death compensation disputes. The distribution of death compensation is different from inheritance. The inheritance needs to be inherited by the first or second heirs in sequence, but the death compensation is distributed by the immediate family members of the deceased. Take Tian Laohan's lawsuit as an example. The deceased had parents, wife and children. The compensation of more than 300,000 yuan should be divided into four parts, one for the father, one for the mother, one for the wife and one for the children. No one has the right to monopolize the money.
In addition, the reporter learned in the interview that the nature of death compensation has long been controversial in legal theory and judicial practice. Some people think it is the property of husband and wife, some people think it is the legacy of the deceased, and some people think it is a mixed compensation for the material loss and mental damage of the right holder. Because the law is not clear about this, it is not only difficult for the parties to divide themselves, but also depends on their own feelings and conscience, which leads to all parties thinking that it is unfair until they go to court.
Lawyer's suggestion: use law to promote harmony
How to reduce the occurrence of such cases? A lawyer surnamed Zhang in Yichang said that the media, communities and functional departments should step up publicity and strengthen the role of family ties, so that people can learn to comfort each other, cherish family ties and help each other, not lose their way in front of money, so that the dead can close their eyes and the living can feel at ease.
Yu Lining, a lawyer of Hubei Ji Min Law Firm, said that when making compensation, the compensation items should be made clear. After the accident, the compensation obligor shall make compensation according to the standards prescribed by law. It is best for the families of the deceased to divide the agreement according to the amount due to each person during the negotiation to avoid disputes in the future. When compensation is not paid to individuals, as relatives, we should know their whereabouts in detail, so as to avoid the difficulties in execution due to the failure to ask the court to take protective measures in time after disputes occur.