Legal Problem Of Death Indemnity

The death indemnity is different from the spirit damage compensate and "leisurely loses the benefit" in nature; "the nurture loses said" and "inherits loses said" all have limitation. Since the appearance of the death indemnity, its nature is continuously under frequent transformation; although there is much enactment, judicial interpretation, administrative rules and regulations involving the death indemnity, it is general that the name and the connotation of the death indemnity is inconsistent; because the content of the fundamental law vacancy judicial interpretation, and since there is contradiction between cases of different type and judicial interpretation, and the city and countryside difference, it causes the different compensation of the death indemnity and the phenomenon that the death indemnity amount is somewhat lowed. Although the death indemnity has the function of consoles, it's in nature mainly to compensate the life value of the dead people, and the penalty to the one who injures the death. Here, the death indemnity itself is already the property of the people who has the right to call for the compensation; the death indemnity is not the inheritance. Under the construction of this nature of the death indemnity, the basic of the requesting right of the death indemnity also need to be revised correspondently; the dual victim said in both "inherits" and "the inherent harm principle" can not reply the dead asks the contradiction of the compensation asked by the died person, thus it can be seen, the death indemnity is the relief based on the lost of the right of the status power caused by the death, therefore it is suitable to pick the said of close relatives'direct injury in "the inherent harm principle". Because the person who has the right to call for the compensation has the independent compensation which is based on the injury of the right, the right of requesting the death indemnity in nature belongs to the right of the creditor, the content of which is the person who has the right to call for the compensation request the person who made the injury to give the death indemnity.The elements of the existing death indemnity are in the chaotic situation in our country, the establishment of the unified death indemnity standard is necessary. When establish death indemnity standard, we must entrust with the death indemnity request power litigant's main body qualifications; The death indemnity amount computation must be rests on the death person"odd life"; Regarding the nationality question may not stereotyped the unified amount must consider contributory negligence the question; we must partition the computation regarding odd life computation; The death indemnity case places on trial in the process, judge mistakes the function which mediates.