On The Nature Of The Death Compensation

The death compensation as a unique compensation program has been caused much concerns. Among the related problems, the most controversial one is the nature of the death compensation. Because of the nature of the compensation for death has substantial impact on the scope of compensation, calculation methods and distribution problems; therefore, clarifying this issue would be the foundation of this thesis. After the promulgation of the Tort Law of the People's Republic of China (hereinafter referred to as "Tort Law"), the nature of death compensation becomes an academic focus again as a result of the fuzziness of those stipulations in this law about the death compensation.This paper falls into three parts:Introduction, Text and Epilogue, in which the Text is composed of four chapters.The first chapter is an overview of the death compensation system and historical changes. In this chapter, the bedlam and conflict of the death compensation system of our country will be given a thorough explanation.The second chapter is the definition of the nature of death compensation. This section is the core of the article. In this chapter, the author breaks down the question of the nature of compensation for death as follows: compensation goes for whose and what damages. After this discussion, the author draws a conclusion that the compensation for death is remedies for mental distress of victims'kinships.The third chapter is the analysis of provisions about compensation for death in Tort Law. There are three provisions about the compensation for death; they are article16, 17 and 22. After analyzing these three articles, the author reaches a conclusion that the nature of compensation for death is compensations for mental distress. The fourth chapter will first discuss some relevant problems about the compensation for death, and then the author will propose suggestions and solutions for those problems.