Hanzhong City Funeral Expenses Standards

Expenditures for funeral expenses should generally be determined based on local funeral expense standards and invoices issued by the relevant funeral department. Funeral expenses are calculated based on the average monthly wages of employees in the previous year at the location of the court where the suit is filed, based on the six-month total. Funeral expenses include reasonable expenses such as transporting the body, renting a memorial venue, urns and first-stage ashes storage fees.

Funeral expenses refer to the funeral expenses incurred by the victim’s relatives to bury the dead victim when the right to life of a natural person is violated and the victim dies. It is generally used for the clothing of the deceased, plastic surgery, body storage, transportation, farewell ceremonies, cremation, urns, ashes storage, etc. This is obviously a kind of property loss, and the party obligated to compensate for such loss should compensate.

The latest regulations on funeral expenses pensions in Shaanxi Province are as follows:

1. One-time pension for death due to work is 20 months’ basic salary;

2. One-time pension for death due to illness: 10 months’ basic salary for the person;

3. Funeral expense standard: 4,000 yuan for illness; 5,000 yuan for work;

4. Living difficulties of the surviving family members Subsidy standard: monthly subsidy of 210 yuan per person for non-agricultural households; 190 yuan for each person with two or more persons; RMB 17 per month for one person with agricultural household registration; 150 yuan per month for each person with two or more persons;

5. For the above Among the objects, an additional 65 yuan will be issued to the survivors who died on the job; an additional 80 yuan will be issued to the Anti-Japanese War, excluding spouses; an additional 100 yuan will be issued to the Red Army survivors, and an additional 70 yuan will be issued to those who are alone.

Calculation method:

1. Funeral expenses. Funeral expenses are calculated based on the average monthly wages of employees in the previous year at the location of the court where the suit is filed, and are calculated as a total of six months. 2. Death compensation:

1) Death compensation shall be calculated based on the per capita disposable income of urban residents or the per capita net income of rural residents in the previous year where the court where the lawsuit is filed is based on twenty years;

2) For those over sixty years old, the age will be reduced by one year for every additional year; for those over seventy-five years old, it will be calculated as five years.

3. Others. Other reasonable expenses such as transportation expenses, accommodation expenses, lost work time and other expenses incurred by relatives of the victim for funeral matters.

I hope the above content will be helpful to you. If you still have any questions, please consult a professional lawyer.

Legal basis:

Article 27 of the "Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases"

Funeral expenses shall be paid according to the The average monthly wages of employees in the previous year at the location of the court where the lawsuit is filed shall be calculated based on the six-month total.

Article 39 of the "Regulations on Work-related Injury Insurance"

If an employee dies on the job, his close relatives shall receive funeral subsidies, dependent relatives' pensions and a one-time payment from the work-related injury insurance fund in accordance with the following provisions: Work-related death subsidy:

(1) Funeral subsidy is the average monthly salary of employees in the previous year in the coordinated area for 6 months;

(2) Dependent relative pension is based on the employee’s own A certain percentage of the salary is paid to the relatives of the employee who died on the job and who provided the main source of livelihood and was unable to work.

Article 8 of the "People's Republic of China and Civil Code"

Civil subjects engaged in civil activities must not violate the law or violate public order and good customs.