On The Nature Standard And Allocation Of Death Compensation

From"General Principles of the Civil Law"to"Interpretation of the Supreme People's Court of Some Issues concerning the Application of Law for the Trial of Cases on Compensation for Personal Injury", exchange to"Tort Liability Law of the People's Republic of China",while many existing laws and judicial interpretations to judicial practice to deal with infringement cases of death compensation provisions provide a more comprehensive, but the legislation concerning the nature of compensation for death, standard, provided the distribution is still not perfect. In the face of the complicated problem in the judicial practice , how to correctly understand the nature of death compensation, death compensation for accurate calculation of the standard and reasonable allocation of the share of compensation for death, the surviving world theory and practice is very controversial. This paper cases from judicial practice, combining with the legislation of death compensation system change, Through the analysis of the mainstream view, I found that the obligation of reparation after the death of the victim, the victim's close relatives need to compensate the loss due to death of the victim's future loss of possible benefits, death compensation system is a property damage areas. Secondly, with China's realities, the author proposed the construction of death compensation standard views: the death compensation is divided into parts and additional parts of reference to ensure that the Standards, which reflects the basic values of life, can meet around the objective reality. Finally, in view of the current death compensation allocated on the existing legislative gaps, the author based on damages the general principles that are harmful only for compensation, in compliance of public order and good morals based on the principles, trying to figure out suitable for China distribution.I hope that through this article the following superficial analysis, be able to further improve the system of death compensation be helpful.