The Research Of Death Compensation System

Long long time ago, death compensation system is alreday existed in the worldwide area, including China, but almost of these clauses were simply labled "the value of life", lacking of more reasonable legal provision, this kind of situation is same in China. The law of death compensation system in China, there are Civil Law,The Law of country compensation and The supreme people's court's explaination and so on. But these clauses have some problems, such as:system confusion; provisions of internal conflicting; the names, the calculation of standard and the scope of compensation are totally different. In my opinion, the most effective way is making special law as soon as possible, in order to supplement the Civil Law's inadequate, making the using of death compensation system more clear. The Law of tort liability which was consideraed by the eleventh NPC Standing Committee the twelfth meeting at December 26th,2009, has solved this problem well. But after careful reading, writer discovery that some provisions are not very useful, even against the law legal, that will definitely turn out to be some serious problems. This article's research purpose is standing the nature of death compensation system, the legal status of death compensation system, and the future of death compensation system, in order to find out this system's prefect future.Death compensation system is the system that compensation undergo pay the comprehensive compensation to victim's close relatives because of the victim lost his or her life, this kind of comprehensive compensation including the damage of life and a series of damages because of the tort. Death compensation system is the system which set for victim's close relatives, in order to fix up their economic and psychological damages because of the victim's death. This system's real nature is analysis that who of close relatives have rights to claim compensation, this compensation is not based on the "vaule of life"In the death compensation system, victim's close relatives have the right to claim compensation, the theories about this right are varied, the most classic theories are "Principle of inheritance" and "Principle of own damage". The main idea of Principle of inheritance is the victim have the right to claim compensation, then it inherited because of the victim's death. The main idea of Principle of own damage is:on the one side,the victim didn't have the qualification for civil any more, so every kind of civil right is meanless for his or her, that's impossible and unnecessary to have this kind of claim right; on the other side, Civil Law concerns the "Death consequences taker", not the dead man himself or herself, that means concerns the victim's close relatives and other reasonable extend.Death compensation system including the damage to property and the damage to other aspects in theroy, as for concrete project, writer thinks that should have three parts:relevant property damage, psychological damages and death compensation. Of these parts, death compensation must be the most important one. Death compensation is the compensation paid to the victim's close relatives in order to keep their level of life before the tort, this kind of compensation is one part of all death compensation system,besides of relevant property damage and psychological damages. Death compensation is the money for the damages of victim's death, it's called "Death sooth money" or "Death sooth money for psychological damages". The theories about death compensation's source are varied, the most classic theories are "Principle of support loss" and "Principle of inheritance loss". The calculation standard of death compensation are three ways:"Toally personal calculation standard", "Toally social calculation standard" and " Types calculation standard"December 26th,2009, The Law of tort liability was consideraed by the eleventh NPC Standing Committee the twelfth meeting, this special law solves many problems, has a lot of breakthrough, such as:Firstly, in the situations of one tort caused many victims, judges could have judgment that every victim's close relatives get the death compensation in same amount;Secondly, make clear that the close relatives have this kind of right, not victim; Thirdly, make clear the calculation standard and calculation principle of the death compensation;Fourth, make clear the "claim right of psychological damages" in law for the first time.But, The Law of tort liability also has many flaws, so writer think we should making the judicial interpretations in future to fix up these flaws, clearly explain the relevant clauses, extend the nature, build a death compensation system with the law as core, regulations and judicial interpretations as added.