A Research Of The Compensation For Death

The right to life is paramount. Life infringed should get relief. Compensation for death is unique. The gone person has been infringed and loss his civil qualification. Ability to right has disappeared. Civil remedies can only relief the close relatives of the victim.At present, China's current laws and judicial interpretations' contents to the compensation for death are of the provisions,and the compensation standards are also not uniform and reasonable,Scholars have different views on the nature of compensation for death and can not meet the needs of the judicial practice.My article stand on the existing legislation and discuss the status of our legal systems and the shortcomings to the compensation for death.After the comparative of the nature in different theories,I propose the nature of compensation for death.After the Discusses to the legal basis for compensation for death,I further demonstrated the calculating standards of compensation for death.Partâ… : What are the system of compensation for death situations and existing problems. In this section the author try to describe the legislative profiles after China's reform and opening up,Further analysis the problems in the legislative and judicial practice.Partâ…¡:defining the nature of death compensation. After the comparative of the nature in different theories,I account it is the property damage compensation to the close relatives of dead person,Because the infringer cause the death.Partâ…¢:The discussion of compensation for Death's legal basis.First commenting the related claim theories of compensation for death,Then I consider that the Close relatives are directly affected by the injury is the reasons for their compensation. At last I point out the scopes of the request subjects.Partâ…£: After discussing the standards-related death compensation theory of computation, I pointed out the problems of them in China. Finally,I come to a reasonable model choice to be the calculation of the standards,what is,for different situations,to give a minimum,a maximum amount of compensation.