What Are Burial Expenses?

Funeral expenses refer to the one-time expenses for funeral matters when an employee dies due to work death or retired due to disability. Paid by the original employer. The relevant state labor insurance regulations provide that the amount is generally the average salary of all employees of the enterprise for three months. When a staff member of a state organ dies, the expenses related to the funeral shall be paid at a specified amount regardless of the level of the employee, and be used by the family members. ^[1]

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Shanghai Funeral Expenses Standard: Interpretation of the Supreme People's Court on Several Issues concerning the Application of Law in the Trial of Cases of Compensation for Personal Injury Article 27 "Funeral expenses are calculated on the basis of the average monthly wages of employees in the previous year at the place where the court in which the complaint is instituted is based on a total of six months. In the event of a death caused by a traffic accident, the legal heir of the deceased or the person who bears the funeral obligation has the right to claim a funeral fee. In the past, it was limited to the necessary expenses incurred by the family of the deceased to bury the deceased. Funeral compensation standards in many provinces and cities are handled in accordance with the principles of the State Council's Provisional Regulations on the Management of Funerals and the Location of Traffic Accidents, and are limited to the total income of the deceased for 6 months. About 3000-4000 yuan. Generally includes corpse transportation costs, cremation costs. Reasonable costs such as the purchase of ashes, the storage of ashes for the first period, and the labor and payment of necessary transportation expenses. However, if it exceeds the above standards, it is really necessary to be examined by the court, and compensation can be made according to the actual loss of the funeral expenses. The family members of the deceased refused to implement the time-delayed funeral decision of the relevant department without justifiable reasons without compensation.

The judicial interpretation stipulates that the total monthly salary of the employee in the previous year at the seat of the court under investigation shall be calculated based on a total of six months. This standard is the simplest and most convenient.

1. Article 844, paragraph 1, of the German Civil Code states: "In the case of killing, the obligor shall pay the burial fee to the person who bears the burial fee."

2. Article 45, paragraph 1 , of the Swiss Debt Law states: "If the injury caused death, the compensation paid shall include the expenses and funeral expenses."

3. Article 1094, paragraph 1, of the Civil Code of the Russian Federation states: "Persons responsible for the death of the victim shall compensate the person who paid the funeral expenses with the necessary funeral expenses." 4. "Civil Code" in Taiwan , China Article 192, paragraph 1, states: "Persons who have unlawfully infringed upon others' deaths shall also be liable for damages to those who have paid medical expenses and increased their living expenses or funeral expenses."

5. The "State Council" issued in 1991

Theory of compensation for actual losses

The theory of compensation for actual property loss believes that the tort caused the victim's death, and the cost of his funeral expenses was the property loss caused by the tort, so he should be fully compensated. This is the prevailing theory.

Interest theory of paying funeral expenses in advance

The theory of paying funeral interest in advance believes that people will inevitably die sooner or later, and that their funeral expenses are customarily paid by their survivors. The infringement caused the death of the victim. The funeral expenses of the deceased cannot be considered as the damage caused by the infringement, but the costs to be paid sooner or later, which at best are equivalent to the damage caused by the interest paid earlier than the original death period. Therefore, such compensation should be reasonable for paying interest on funeral expenses in advance.

Comparative selection of the above two theories

The former theory is used as the basis for compensation of funeral expenses, and the amount of compensation is relatively high. According to the latter theory, the amount of compensation is very low.

From a practical point of view, it is unreasonable to use the latter theory as a basis for compensation, although it makes sense. In view of this, considering the general ethics of people, the former theory should be used to determine the issue of funeral compensation.

Note: After the Draft for Judicial Interpretation of Personal Injury Compensation was published on the Internet, some netizens put forward suggestions that compensation for funeral expenses is contrary to the theory of compensation. Payment of funeral expenses is only a customary traditional practice and economic punishment for infringers . The reason is that people always die. Funeral expenses must be incurred for death and natural death caused by torts. Therefore, the expenses are inevitable, but they are paid in advance, especially

1. The expenses incurred during the funeral process include:

1.1 The cost of renting the venue for arranging the farewell ceremony of the remains of friends and relatives before death, the cost of arranging relics, cremation, corpse transportation, dead storage of dead bodies, reservation of hearse, ashes storage, purchase of tombstones, etc .;

1.2 Where burials are permitted, the expenses for burial area of burial burials and coffin purchase costs that do not exceed the standards set by the people's governments of provinces, autonomous regions, and municipalities, and arrangements for burials for relatives and friends who have died in many rural areas Necessary expenses, etc.

2. Before the judicial interpretation of compensation for personal injury was promulgated, there was actually a way to compensate for the actual loss, which was to pay compensation according to the actual loss of the funeral. The items it should compensate are:

2.1 Shroud fee

Expenses on the death clothing of the victim shall be compensated. The purchase fee for shrouds should be ordinary shrouds. If the victim's family uses high-end shrouds, only the normal standard shrouds will be compensated.

2.2 Dead body and cremation fees

This is a necessary expense and should be fully compensated.

2.3 Ashes (coffins) fee

In areas where cremation sites are available, only the cost of purchasing the ashes is compensated. The standard is medium. If the victim's family uses a high-level cinerary urn, it will be calculated at a medium purchase cost. In areas where there is no cremation site, the coffin purchase fee should be compensated.

2.4 Ashes storage costs

In this regard, only one period of ash box placement costs are compensated . Where burial must be used, the burial fee shall be appropriately compensated.

Note: For the above compensation, if the relevant local authorities have a compensation standard, compensation shall be made in accordance with the standard. If there is no standard, it shall be calculated according to the actual expenditure and the reasonable standards mentioned above.

3. Article 27 of the Supreme People's Court's Interpretation of Several Issues concerning the Application of Law in the Trial of Compensation for Personal Injury Cases stipulates that: "The funeral expenses shall be calculated on the basis of the average monthly salary of the employee in the previous year at the place where the court in which the complaint is instituted is based on a total of six months."

3.1 The above judicial interpretation actually stipulates only one compensation method, namely: a fixed compensation method, which implements a one-time payment of compensation.

3.2 One-time compensation for funeral expenses is to determine the compensation amount according to the standard. According to the method provided by the judicial interpretation of the Supreme Court, it is to compensate for 6 months according to the average monthly salary of employees in the previous year where the court is located. Among them, the average monthly salary of employees shall be in accordance with the provinces, autonomous regions, municipalities, and special economic zones and special economic zones announced by the government statistics department.

Work Injury Insurance Regulations

Article 37 When an employee dies due to work, his immediate family members shall receive funeral subsidy and support from the work injury insurance fund according to the following provisions

Work injury insurance regulations

Relatives' benefits and lump-sum death benefits;

(1) The funeral subsidy is the average monthly salary of the employees in the previous year for the 6-month co-ordinated area;

...

If a disabled employee dies due to a work-related injury during the period of suspension of pay, his immediate family members shall enjoy the treatment stipulated in the first paragraph of this article.

If a disabled employee at the first to fourth levels dies after the suspension of pay, the immediate family members of the employee may enjoy the treatment specified in paragraphs (a) and (b) of the first paragraph of this article.

Regulations on Handling Medical Accidents

Article 50, item 7: Funeral expenses: Calculated in accordance with the funeral expenses subsidy standard specified in the place where the medical accident occurred .

Interpretation of Several Issues in Personal Injury Compensation Cases

Interpretation of the Supreme People's Court on Several Issues concerning the Application of Law in the Trial of Cases of Compensation for Personal Damage

Article 27 Funeral expenses are based on the average monthly salary of employees in the previous year at the seat of the court under investigation, with a total of six months

Regulations for Handling Medical Accidents

Calculation.

"Interpretation of Several Issues in Electricity Damage Compensation Cases"

Interpretation of the Supreme People's Court on Several Issues in the Trial of Cases of Electricity Damages

Article 4 Item 8 Funeral expenses: If there are regulations by the state or local authorities, those regulations shall be followed; if there are no regulations, they shall be calculated based on the reasonable expenses for the actual funeral expenses .

Funeral fee collection process

1. Enterprise retired employees

2.Death at home

Bring the household registration book, ID card of the deceased person, two cards for medical insurance and one card (the card must be consumed completely, the card will not be returned after handing it in), the three receipts issued by the cremation hall will be transferred to the deceased unit. If the deceased's file is not in the original unit, the original unit will apply for a green shift certificate according to the documents you provided, and at the same time, one of the three receipts will be left. You can transfer your personal files to the file room of the labor and employment bureau (department) in your area with a green file. If your child is going to transfer files, you must ask the spouse of the deceased to write a power of attorney before you can handle it. Among them, the staff of the archives department will let you copy the deceased's household ID and cremation receipt to the archives room. When the deceased's file is called, at this point, you have two receipts in your hand. Keep one of them by yourself, take the last receipt (cremation receipt) to the community where the deceased is located, and have the community director stamp the circular stamp of the community on the back of the receipt. You can take the cremation certificate of the deceased, a stamped receipt, a personal file, and an ID card to the funeral office of the social insurance company to settle the one-time funeral allowance. The staff will check the salary data in your personal file and the data in the computer according to the personal data provided by you. After checking, four tables will be issued. The content of the table is 400 yuan for funeral expenses (the area is slightly different) plus 10 months' salary. . The person handling the matter will put the personal seal on the four forms, and then go to the settlement office of the Social Security Hall for review, then put the personal seal of the reviewing staff, and then return to the place where the seal was first stamped and let the department The leaders in charge put on their personal seals. After completing the application, return the personal files to the labor department. After returning the files, let the file department stamp the four seals on the four tables. At this time, the table has three personal seals and one circular seal. One is stored in the file, and the other three are sent to the social insurance company for settlement. The staff will tell you that all the funeral expenses will be charged to the salary card of the deceased one month after the application is completed (note: the salary of the month is normally paid).