Research On The Compensation System For Damages Of The Right To Life

Right of life is one of the most basic personality rights. It is the premise and foundation of the other rights that person enjoyed. Compared with other personality right, right of life has its obvious feature. So, the system of compensation for damage of the right of life also has its own characteristics. The base of claim right for compensation of life damage has many theories. Chose which one of them, will decide the subjects and scope of the claim right. Although the right of life first cleared in the 18th century, right protection has already begun in primitive society period. In the field of civil law, European continental legal system on research of this is earlier and better than others. In Japan, the civil code advocate the theory of "claim right of loss dependency", while reality case law has formed "inherited" theory. The Japanese scholars debate this question a long-term, this makes the theory gain considerable development. In China, there are a lot of laws and regulations involving the content of the right to life compensation at present, but among these laws and regulations are not consistent. So the law needs further perfection and uniform. Compensation for damages of the right has two kinds of forms:property damages and non-property damage. In property compensation mainly include compensation for death, the victim positive property damage and damage of dependency. Non-property damage in life compensation system in mainly refers to the mental damage compensation. Clear these two contents of the compensation system will help us to perfect the civil legislation.Through the value analysis, these articles further define the compensation for damages are the persons who are on intimate terms with the dead object. Lives priceless, the interests of the compensation for income are obtained by their heirs. Using historical analysis method, we know life damage compensation system of social civilization level gradually development process. Through the comparative analysis, understand the relevant system development in some countries, so as to provide a reference for our country's legislation value. The right of claim for damages including many theories, on the basis of "double victims" theory, the author put forward: the heirs have dead subject's own right of claim for damages, hope to provide more reasonable basis of the right of claim. Analysis of property damages and non-property damages in China at present puts forward the problems existing in the law and puts forward some corresponding perfecting thinking. Especially clear the relationship of dead compensation and compensation of loss dependency.