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Study On Death Moral Damage Compensation System

Posted on:2009-01-19Degree:MasterType:Thesis
Country:ChinaCandidate:H Z SuFull Text:PDF
GTID:2166360242498487Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
China has initially established a spirit of death to damage the legal system of relief, but not unified description of its existence, compensation standards unscientific, not unified, single way of compensation, relief methods are imperfect, with criminal civil rule out the possibility of the death damages and other issues . For the existence of the problem through discussions on the principle of compensation, damages for the death of the name of reasonable proof, and the right of compensation for the deceased to confirm the status of the payment services, payment in kind, and other reasonable means of payment such as the demonstration Several areas, to the spirit of damages for the death of China's system of sound.In this paper, a total of nearly 40,000 words from the introduction and body.Introduction: To raise questions. Damages for the death of civil tort system is an important component of the system. At present China has initially established a spirit of death compensation for damage to the legal system, but its existence such as the title are not unified, compensation standards unscientific, not unified, single issues such as compensation, and thus led to the urban-rural dual system of farmers and Public conflicts intensified, regional and sectoral increase the gap between the protection of human rights and other social problems. Therefore, the spirit of damages for the death of China's system of in-depth study and then to be improved, is the top priority.Text of the following four components:Part I: Death moral damage compensation system outlined. Death of damages by victims of damage caused by the interests of the legal consequences, is the cause of death compensation for moral damage, no deaths on the results of the responsibility for any compensation. On its legal nature, the property belonging to a liability, both at the same time it compensation, Weifu and penalties triple function, is the spirit of tort damages an important component of the system.Part II: Death moral damage compensation system of History. In China, the damages for the death of the legal system gone from a no to that, to the presumption by clear provisions of the process. After the founding of New China, China's legal theory, as well as legislative, judicial practice from the former Soviet Union all the relevant experience, and the former Soviet Union deal with the moral damage typical attitude is: "the Soviet Union the lives and health of citizens can not use money to make up, and this is Different from the capitalist society. "This will lead to both China's legislative, judicial or theoretical research, for moral damage are a critical attitude. Since reform and opening up, the legislature issued a series of deaths related to the spirit of the law of damages, but has yet to form a unified legal system, the relevant legal norms contained in laws, regulations, rules and judicial interpretations of. In foreign countries, Switzerland, France, Japan and other civil law countries, in its Civil Code provides for a more detailed and specific damage to the spirit of that scope and the amount of compensation. And the United Kingdom and the United States while Case and one-way regulations to be more specific requirements.Part III: China's death moral damage compensation system existing problems. Mainly in the following five areas:(1)damages for the death of the legal system more chaotic system.(2)Judicial interpretation of the spirit of damages for death-led system,the lack of clear legal provisions of reunification.(3)compensation for owners of the unreasonable request. The present legal system the right to damages for the death of the main restricted to the deceased's close relatives or survivors, and the rights of the deceased not eligible to be recognized.(4)compensation standards inconsistencies.In determining the compensation process should not be considered in the factors to be stressed,should consider the factors considered in a different industry sectors,laws, regulations and judicial interpretation, provides for the calculation of different standards in different " By the Court of Appeal "may also lead to different rates of compensation.(5)descriptionarenotunified. Relevantlaws, administrative regulations and judicial interpretation some call it "comfort money", some provisions for "moral damage Fuwei Jin", "death compensation" to the name. (6)attached to civil rule out the possibility of criminal death compensation for moral damage. In China's Criminal incidental civil action, only to allow victims and their close relatives, such as by the defendant's criminal act or material losses suffered economic losses brought civil proceedings incidental, and not request the issue of compensation for moral damage.Part IV: China's death damages the spirit of the sound system. Mainly through the following areas: (1) clearly damages the spirit of the death system. Died in regulating moral damage compensation system in the process we should uphold: the principle of equality, full compensation principles, the principle of autonomy, the maximum amount of compensation principles and limited the discretion of judges in principle. (2) return to thedominant position of the law. In the spirit of death damages in the legal system should strengthen the dominant position of the law to limit the role of judicial interpretation and change this wrong, Shebenzhumo the legal phenomenon. Speed up the death of the system of compensation for moral damage the legislative process, and the dominant of the law. (3) the right to request compensation for the expansion of the scope of people. Confirmed the right of the status of the deceased,The close relative of dead Absent proof of the prosecution case as a state representative is reasonable. (4) of calculating compensation for the scientific standards. On the specific process of calculating compensation should be taken into account. (5) unified title. On the death damages the spirit of the name of rationality and scientific. (6) criminal fringe absorb the death of civil damages. Interpretation of the civil proceedings in the criminal fringe certainly killed the spirit of the need for damages. (7) the diversification of means of relief. On the payment services, payment in kind, securities and other non-payment of relief money means the necessity and rationality.
Keywords/Search Tags:damages, mental damage, damage compensation, system of relief
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