Thoughts On Our Death Compensation System

Along with the advancement of socialist legal system, the state judicial system, perfected gradually, but the current law of death compensation system still exist many shortcomings and death compensation standard, between urban and rural areas, and death compensation system of the legislation system, a chaos than the multifarious method, The law of tort death compensation claim, distribution, and other related to issues, domestic legislation is consistent, these are the authority has caused wide controversy. Also resulted in the judicial practice more and more injustice. This paper is divided into four parts, from our death compensation system, combining the evolution history of domestic outstanding works, and the related theoretical reference for death compensation system, points out that I have traced back at the stage of death compensation system and defects, focuses on the tort liability law of China issued after death compensation system improvement and breakthroughs. Compensation for death, the unique nature of our death compensation system and that is pointed out the limitation of legislation. Combined with the new period of our country's socialist legal concept how to construct a reasonable death compensation system.The first part summarizes our death compensation system , the current laws about death, at the same time, the definition of damages and death compensation system for a brief review of the evolution.The second part analyses present situation of death compensation system, the compensation from death, death, accounting standards, death compensation from several aspects such as the amount of compensation, pointed out the shortcomings of the system and the drawbacks.The third part of the tort liability law of compensation system for our death, the influence of the new issued from the first death compensation system consummation, the contrast of the current law, prominent legislation. Also pointed out the limitation .The fourth part are how to perfect our death compensation system, puts forward the corresponding proposal. First is to establish national death compensation system, Second is a legislative loopholes strengthen with life, Third is to make a scientific and rational death compensation amount standards; Fourth is to strengthen the publicity of legal system, improve the legal consciousness of citizens..