"You two don't quarrel, all of your nephew's 1.15 million yuan will go to the village committee!" The nephew died unexpectedly, and the two uncles were ruthless in order to win millions of reparations. But what they didn't expect was that the two were sued and confiscated by the village committee.
【Case Summary】
The nephew died unexpectedly, and the village committee helped the second uncle to obtain compensation
At the end of 2021, in Shangqiu City, a prefecture-level city under the jurisdiction of Henan Province, Zhao, who was in the year of no confusion, went to Hebei to work and accidentally fell to his death.
Zhao, who has no father, no mother and no children, was issued a certificate by the village committee of Yuanzhuang Village in Niucheng Township, proving that Zhao's mother died since he was a child, his father squatted in prison (died in 2021), and he was raised by his second uncle Zhao Xueshen.
Therefore, the 1.15 million yuan compensated by the company that hired Zhao naturally hit Zhao Xueshen's account.
There were different opinions on the distribution, and the second uncle and the third uncle went to the village committee
After that, the 35,000 yuan spent on Zhao's burial and other matters were removed. Zhao Xueshen proposed to the whole family that the rest be divided equally between the two sons and the son of Zhao's third uncle, Zhao Dong.
However, Zhao Dong did not accept Zhao Xueshen's 375,000 yuan and offered to want 450,000 yuan. So, the two approached the village committee and asked for mediation. The mediation failed, and the township government went to trouble.
Instead, he was sued by the village committee, and the million compensation was judged to be confiscated
In the end, the township government, which failed to mediate the conflict between the two, learned through professional lawyers that neither Zhao Xueshen nor Zhao Dong had the right to inherit the compensation.
Later, the township government entrusted the village committee to file a lawsuit against the two people in the Zhecheng County People's Court, requesting that the matter be handled in accordance with the law and that the compensation be handed over to the village committee for public utility funds.
The village committee submitted a certificate to the court, which proudly read: "Zhao of Guanzhuang Village, Yuanzhuang Village Committee of Niucheng Township, has lived with his parents since he was a child, and later his mother died, his father was imprisoned, Zhao was raised by his grandmother, and his uncle Zhao Xueshen did not raise Zhao." After the official seal of the Yuanzhuang Village Committee of Niucheng Township, the certifier, several other villagers signed and testified.
Although the certificate contradicted the maintenance certificate previously issued by Zhao Xueshen and the village committee, on April 28, 2022, the court found that Zhao Xueshen and Zhao were not in an adopted relationship, and the compensation of 1.15 million yuan was entrusted to the village committee of Yuanzhuang Village in Niucheng Township. The 1.1 million that Zhao Xueshen held was frozen.
Zhao Xueshen and Zhao Dong may not have thought that it was originally just a problem of dividing family money by tens of thousands of brothers, and only needed to be adjusted by the village committee and township government, and then sat and waited for the collection of the bills, and as a result, all the million compensation money was confiscated.
Why is the million compensation money spent on "outsiders"?
【Interpretation of the law by case】
After reading the story of this case, we can understand that this case involves the legal issue of inheritance of compensation money, and we will analyze it in detail.
First of all, Zhao has no legal heir.
According to Article 1127 of the Mainland Civil Code: inheritance is in order: first order: spouse, children, parents; Second order: siblings, grandparents, maternal grandparents. That is to say, there is an order of succession, first the heirs of the first order; If there are no heirs in the first order, the heirs of the second order will inherit.
In this case, Zhao had no spouse, children, parents, siblings, grandparents, or maternal grandparents. Zhao Xueshen and Zhao Dong, as Zhao's second and third uncles, respectively, do not belong to the above-mentioned heirs. Therefore, none of them are legally entitled to succession.
Secondly, although Zhao Xueshen and Zhao Dong also fulfilled their support obligations to their nephew Zhao.
However, an important reason why the court supported the plaintiff Yuanzhuang Village Committee in administering the compensation on behalf of the plaintiff was that it had seen the above-mentioned certificate submitted by the village committee, including the signatures of several villagers.
The court found that although Zhao Xueshen helped his mother to raise his nephew Zhao together, he did not form a true legal adoption relationship and did not have the qualifications to inherit Zhao's estate.
Although Zhao Xueshen obtained compensation for obtaining compensation for issuing a certificate from the village committee to raise his nephew, civil litigation evidence is an objective factual material that can prove the true situation of the civil case. If Zhao Xueshen wants to inherit this compensation, he needs to provide evidence that he has a dependency relationship with Zhao, and the previous piece of evidence is not enough to explain.
In other words, this million compensation is not really compensated. However, given that the construction company has compensated Zhao Xueshen for the previously submitted family relationship certificate to solve the high-altitude fall accident, it is necessary for someone to manage the money.
Therefore, in accordance with relevant laws and regulations, the court ruled that the compensation was managed by the village committee of Yuanzhuang Village.
So, is this money really owned by the village committee?
In fact, "management on behalf of others" is used as public utility funds in the village.
If Zhao Xueshen can find evidence of fulfilling his maintenance obligations, he can apply to the local people's court for a retrial. At this time, once the court finds that Zhao Xueshen has sufficient evidence, then even if the village committee has spent the money, it needs to return the money to Zhao Xueshen in full.
Therefore, the law is still fair and just to protect the legitimate rights and interests of every citizen on this continent, so that it will not suffer any infringement, and the evidence that the law pays attention to is also the most direct and objective reason.
It is worth mentioning that in the facts determined by the court, it is clearly written that the Zhao Xueshen brothers gave assistance to the deceased Zhao when he was a child, and this million yuan was compensated by the construction company after Zhao's death, and was compensated to the family of the deceased, so it is compensation, which is different from the inheritance, which cannot be divided according to the inheritance.
Inheritance is the property left behind at the time of death, as well as the inheritable rights and interests within the scope of the statute, both positive and negative, which were already owned by the deceased during or after death.
Death compensation is the compensation given to the family of the victim due to various abnormal accidents, which belongs to the family of the deceased.
Obviously, inheritance and compensation are not the same.
However, after that, the court still has the basis of the inheritance law to award the money to the village committee for management, which is the problem of the practical application of the law. However, the court also came to a judgment based on the comprehensive consideration of the case, and was not arbitrarily fooled.
In our daily life, because of property division, inheritance and other issues, it is not uncommon for relatives and families to turn against each other and fight Fu Gongtang.
What's more, death compensation and inheritance are not the same, and the disposal of compensation like Zhao's still has different views on it in society, and how it can be more in line with the understanding of family traditions and folk public order and good customs is worth further improving the relevant laws.
It is worth affirming that in mainland judicial practice, death compensation and inheritance are of different nature, which is a unified understanding of everyone. For this case, many netizens believe that since the death compensation is used as compensation for the family, it should comprehensively consider factors such as the relationship between the recipient and the deceased, and cannot be evenly distributed.
In this case, through the court's judgment, I hope that Zhao's two uncles can also realize that family affection in the world is always there, cherishing family affection is more valuable, and everything else is something outside the body!