On The Quality Of The Death Compensation

The Death Compensation is the exclusive concept in the Chinese torts .It has frequently appeared in the last twenty years of civil legislation, but it has too many different faces to distinguish. The legislature has not got enough courage to clarify the quality of the Death Compensation, on the contrary it makes more and more trouble just for the short-term purpose. As a result, there is a lot of confusion in the judicial practice. What is the Death Compensation? Who is its oblige and what it aims to?The replies are nearly heaven and earth either from the practical department or academic circle.This paper falls into three parts ---Introduction, Text and Epilogue. The introduction outlines the author's motivation and clarifies some basic concepts in the paper.In the first chapter, the author casts back the history and doctrines of the Death Compensation. The concept has different meanings, and its bedlam and conflict can be easily seen.The second chapter will focus on the death compensation system in the legal relation view so as to make clear the quality of the concept. The traditional relief system just takes the related persons of the dead into account but neglects the most important one ---the victim. What will illegal death comes into being in the tort? The author will answer the question from three aspects: the logical,the historical and the value .The conclusion is to insist that the right to life itself should be relieved. In other words, we have to accept the existence of the legal relation between the tortfeasor and the dead. We can make sure that there are two kinds of legal relations: one is the legal relation between the tortfeasor and the dead, and the other is the legal relation between the tortfeasor and the persons related to the deadThe third chapter discusses the main compensation items base on each kind of legal relation.The fourth chapter comes back to the topic: how can the Death Compensation go to its natural position? The author puts the concept in the latest judicial explanation and makes the following conclusion: It is made for the victim himself and for hisproperty loss. and can be one part of the victim's heritage and succeed to his heir, what is more it can be a guaranty for the deed's debate.The epilogue puts forward to the prospect of the Death Compensation.