On Death Compensation

Death compensation has always been not only has been a common topic as well as a focus of domestic education and practice. Its differences from other right infringement damage compensation are: first, the case of death compensation, right infringement remedial treatment "recover to original condition" is not suitable; the passed-away lives cannot be recovered or continued. Second, the dead victim cannot join the compensation request. The compensation request is started by surviving families of the deceased. Third, harm of the life infringement is reflected in the form that the victim's loss of life is separated with the loss of his/her surviving families. In fact, the former one can not be compensation, but the latter may be, and that is the core of death compensation system. The present compensation system certainly had not achieved a good effect. Many decisions do not have authority to the audience .Sometimes the litigant knows the appeal would be rejected but still mentions it. Some first trial cases and appeal cases arouse intense disaffection of the public to the unreasonable stipulations of this system, forming pressure and the resistance to the the existing death compensation system.Research to the death compensation has prominent practical significance under this circumstance. But if we want to achieve a permanent effect, we must carry on a comprehensive and systematic study in theoretical, systematical and operational levels of present death compensation system, not just surface study. We must find the defect of death compensation system before making any amendment. We find it is the lack of fundamental research and social psychology investigation of death compensation. First, through rationale research of death compensation system, we carry on discussion of dis-compensability of life and non- right subject of the dead, clarify the base of the compensation theory and construct the death compensation system. From this we come to the compensation system of"surviving families of the deceased standard". Next, through psychological inspection to the social public cognition to death compensation, we believe the infringement damage compensation principle and the traditional human sentiment. Finally, we want to get such effect: On one hand, accurately localize problems in present system as well as factors affecting operation of this system, and carry on amendment according to related theory; on the other hand, propose feasible suggestion to make up the blank on our try in special cases.The full text is divided into four chapters:The first chapter"historical evolution of the death compensation principle", is the leading chapter, focuses on basic principles of the death compensation system and carries on analysis to the compensation's motivation, its function and nature, changes of the compensation mechanism in the history. Starting from this point, we carry on discussion and the inference to death compensation principle of the initial society, the ancient times and the modern times. We believe that the dead victim does not have right to make any compensation request, so we establish the compensation theory of surviving families of deceased standard.Second chapter"basic theory of the death compensation system", is the foundational chapter of this text. On basis of inferential reasoning in the first chapter, from the standpoint of surviving families of the deceased, discuss respectively "foundation of the damage compensation request", " content of the damage compensation request " and " compensation mechanism with no surviving family of the deceased ". This is obviously different from the traditional theory: In form, the theory is divided into three major parts, with each part being an independent sub-structure. The three parts are clearly demarcated, and advance step by step. The former theories have no certain systematic structure, and only carry on theory research and analysis to some problems in the system. In content, we discuss the right basis and the right content separately and add" compensation mechanism with no surviving family of the deceased"as an indispensable part. Explaining the three parts specifically, the first part "foundation of the damage compensation request" has two major characteristics: First, it points out the special significance of status basis to death compensation system, discusses on status basis and the non- status basis of request of death compensation, explains that request subject is constituted by status subject and the non- status subject. The subject status is based on blood relationship or family membership. The subject non- status does not have legal relations but other significant benefit relations with the dead; or has no relations with the dead initially but obtains the status in the damage compensation process because of money payment in specific conditions. The second characteristic lays in request order and distribution principle of different status. In "content of the damage compensation request"chapter, it reviews traditional research content of compensation request like funeral expenses, nurture spends, inherits benefit and comfort funds at first, and pays attention to existing problems. Secondly, it develops new field of death compensation request, analysis careful evaluation to the non- traditional compensation benefit, like biology damage compensation, the punitive compensation, and compensation of lost anticipated life enjoyment and so on, then proposes the concept of"symbolic price of life". In the"compensation mechanism with no surviving family of the deceased "chapter, we discussed the situation of dead victim with no surviving family, the injurer undertake responsibility in several ways. It makes up the case blank of this situation and has significance in daily life.The third chapter "review of our country's death compensation system - -taking compensation theory as reference"is the conclusion of the whole text. It carries on research of the death compensation system, which is the final goal of previous discussion. This chapter takes "Supreme People's Court's Explanations on suitable laws to Certain Questions in Personal Damage compensation Case"as the main object, discuss from the technical and content aspects existing questions in subject of compensation, compensation relations, kinds of compensation, compensation standard, etc. Among them, we pay special attention to "dual standard"in cities and the countryside, which has deeply influenced process of death compensation system. To solve this problem, we analyses the feasibility of"symbolic price of life "in compensation process.To be specific, this chapter first briefly comments on development of our country's death compensation system, reflecting tendency of death compensation development. Then explained existing problems and its the specialty of the death compensation system in our country, emphasis unification of death compensation system, nature of the death indemnity, principle of psychiatry damage compensation, subject of the compensation right; Finally, seek solutions to the problem under basic law theory and research. From aspects of adjustment of compensation issue, clarification of compensation right subject and coordinating stipulation of common law and special law on death compensation, unifying system process and media guidance, we came to a final solution.The death compensation system after adjustment should be more perfect in clearer function and localization of principle, principle coherency, and accurate explanation of concept obtains. It can lead the public to correct understanding of death compensation in trial practice. The fourth chapter"common problems of death compensation system in our country ", will focus on problems in concrete cases (namely in the operation level) of death compensation. The society pays a lot attention to the disputable "same life different prices", invisible rules of"death damage better than injury damage", " compensation payer for the death of tramps ", " payer of medical service expenses " and so on. All levels of courts have not reach consistent decision on these disputable cases. As last chapter of this article, the fourth chapter will take these disputable problems as representatives cases, use related viewpoints and principle suggestion in previous chapters as starting point and basic methods in solving these cases.Since the present death compensation system is not perfect. We hope this article can give people better understanding of death compensation, and can understand exceptional situations the present compensation system cannot cover or take into consideration. We also hoped when meeting "legal blanks"in process of this system, we can infer right judicial accordance using legal principle and theory of death compensation. Then we'll not interrupt the victim and all formidable sponsors'realization of reasonable compensation request when "surpassing" the existing system. Life damage has deprived individuals'rights of surviving, simultaneously terminated all his/her possibility of"live, progress, and create". Therefore it is regarded as the severest right violation of an individual.This right infringement may possibly cause series of indefinite damage to society. But the death compensation system does not provide compensation to the dead, the lost life as well as the indefinite damage to society. It only pays attention to concrete harm as well as the nature and appearance of harm to the direct correlated or spiritually related surviving families of the deceased when the victim died unfortunately ahead of time. The intention of this system is not to make up for the dead or the lost lives, but to give relief to the livings, to safeguard surviving family of the deceased's right to continue their normal life and development in material and spiritual demand. At the same time, it also tells the "livings" to respect other peoples'lives just like one cherish his own..