Can the compensation agreed upon thirty years ago be increased?
2023-12-11
With the rapid development of the economy and society, people's living standards and consumption levels are also constantly improving. In order to ensure the living needs of the beneficiaries, can the compensation agreed upon many years ago increase accordingly? Recently, the People's Court of Fangshan District, Beijing, tried a case in which a relief recipient sued for an increase in living expenses due to compensation not being able to meet their daily needs. The court applied the principle of change of circumstances in accordance with the law and supported the litigation requests of the relief recipients who lost their ability to work due to the execution of official duties. This case, by accurately applying the law, protects the legitimate rights and interests of the contracting parties, conforms to the value goals of fairness and justice, reflects the humanistic care of the law and the judiciary, and is conducive to creating a good social atmosphere. The compensation for work-related injuries agreed upon many years ago is clearly unfair. In 1989, as a village cadre, Zhang was infringed upon by an outsider while performing official duties. After the accident, Zhang underwent two craniotomy surgeries in the hospital and fortunately regained his life, but lost his ability to work as a result. In order to solve Zhang's living arrangements after his injury, the village collective has decided to provide appropriate compensation for the damage suffered by Zhang. In 1994, Zhang signed the "Handling Opinions" with the village committee and village economic cooperation society, It is agreed that: "After joint consultation between the township party committee and the village party branch, the remaining issues regarding Zhang's injury on May 3, 1989 shall be handled as follows: 1. In order to take care of Zhang's daily life, the village economic union shall pay a monthly living and medical expenses of 100 yuan (one hundred yuan)." Redemption once at the end of the year until lifelong. After Zhang was beaten, 50% of the medical and hospitalization expenses incurred during his hospitalization due to illness will be borne by himself and the village cooperative. 3. This handling opinion will be implemented from January 1, 1994. " After Zhang was injured, the pillars of his family were gone, and his wife needed to accompany and take care of him throughout the journey. His son also had to go out to work to support his sister who was still in school. Considering the difficulties faced by Zhang's family, in 2008, the village committee increased the compensation to 300 yuan per month and arranged for Zhang to take care of the venue and maintain cleanliness in the village. However, in recent years, as Zhang grew older, his health deteriorated and he could no longer continue working. The agreed compensation could not meet his normal living expenses. So, Zhang repeatedly reported to the village committee to increase the compensation amount, but the village committee never responded. Helpless, Zhang sued the village committee and the village economic cooperation society, requesting the court to order them to pay a monthly living and medical expenses of 2320 yuan according to the minimum wage standard in Beijing, which should be paid annually for life. The village committee and village economic cooperation society believe that firstly, the original "handling opinions" were recognized by all parties and should be implemented in accordance with the provisions of the handling opinions; Secondly, there is a clear infringer for Zhang's injury, and Zhang should claim compensation responsibility from the infringer. The village committee is not the legal compensation subject; Once again, there is no basis for raising the compensation standard to the minimum wage standard in Beijing, as Zhang does not have a formal and stable job, is not a worker, and has reached retirement age, enjoying basic pension benefits and monthly disability allowance; In addition, in April 2008, the village collective had raised the compensation standard from 100 yuan per month to 300 yuan per month. It was precisely because of the additional care given to Zhang that the village collective did not
Edit:Zhoushu Responsible editor:Jia Jia
Source:http://rmfyb.chinacourt.org
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