Legal Analysis on Bereavement Benefits in Social Pension Insurance
The modern social pension insurance system has included bereavement benefits since its inception in order to overcome the inadequacy of private law system in dealing with death risk of support obligors.China's labor insurance also set up a pension system for survivors of insured persons who died of non-work-related deaths as early as the fifties of the last century.However,the system cannot adapt to the requirements of the new era.A new social pension insurance system needs to be established to give full play to the function of mutual assistance and to realize the socialized governance of death risk.Its main features include:first,the survivors'pension are to be funded by the social pension fund;second,there is a consistency between the scope of survivors and that of civil law de-pendents;third,pension applications are subject to the survivor's need for a pension;fourth,the cause of death is unconditional;fifth,there is an alternative to civil law maintenance in the standard of treatment.
social pension insurancebereavement benefitsmutual assistanceinadequacy of private lawsocialized governance