Research On The Improvement Of Legal System Of Death Compensation

Death compensation refers to a relief system that the law requires the infringer to pay for the death of the obligee on currency, when a living body dies because of the impingement of the illegal actions. This system manifests the nation's respect and protection to the right of life and the legal relief. The paper analyzes death compensation based on the current legislation situation and mainly focuses on the over-roll problems of the death compensation in China. Then the paper puts forward the preliminary ideas based on these aspects of problems. We hope to make some contributions to the construction of the legal system in China.The paper starts from the historical reform on the death compensation from the two aspects of foreign and domestic. It shows us the historical evolution of the foreign legal system of death compensation and the development process of the legal system of death compensation in China, so that we can have an overall understanding of the historical development of the legal system of death compensation. At the same time, it reveals to us that death compensation as a legal system, are constantly absorbing, integrating, and continuing to develop and improve, in different historical periods and in different countries. Through the analysis of the death compensation, it further analysis the reasons for the formation of death compensation, and defines the nature of the death compensation, so that we can clearly recognize the functions played by the death compensation as follows, the economic compensation to the families of the victims, punishment to the perpetrators of the infringement, to soothe the families of the victims of violations and the prevention to the infringement. In the Seventeenth Report, it points out that the basic strategy of rule of law was effectively implemented, but also there is still the gap between the democratic and legal construction and the requirements of economic and social development, the country's legal system is not perfect. After twenty years of- development, it has established the basic structure system, but there are still varying degrees of impairment in the system itself, the author draws the conclusion that there are four major problems in the current legislative situation of our country: the legal ystem is disordered, scope of compensation is messy, the compensation standard is complex, and the amount of compensation is too low.Based on the analysis of large amounts of data and research, the paper forms the preliminary view that in order to solve the above problems, we must improve the death compensation legal system and build a suitable legal environment. On one hand, we should set up the basic principles of the legal system of the death compensation, which should include fair, equity, rational, double compensation, full compensation, benefits balanced and easy to operate. On the other hand, we may take four specific issues to solve the problems:regulate the legislative system both by the setting up the independent death benefit system and unified norms to the death compensation associated with the titles; define the specific requirements for this problem; applying the hierarchical method to determine the standards of the death compensation compensation; increase the amount of compensation according to the international standard and the changes in the composition of the national age. Through the above measures, we hope to further improve the system of the compensation for the death in China.