In judicial practice,the require of damages of death which proposed by relative of victim in incidental civil action always not support by court.It cause both mental and material hurt and press to victim relatives.This paper discuss in practice of incidental civil action,to analyse the reason that why court not support victim relatives'require and the background of it.The auther consider that the nature of damages of death have changed from mental to material,and it should list in the compensation range in incidental civil action.The court should support such require from victim relatives,not only to protect their legal rights,also to maintain social stability.
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