The Nature Of Death Compensation

The consideration factors of death compensation include: the uniqueness and the maximum value of the right to life. the right main request of death compensation and the separation of the right to life itself. The non-heritage of death compensation allocation. the winners received death compensation for a total of property ownership. These four factors complement and rely on each other. Death compensation is distinguished from the other compensation by the uniqueness of the right to life. The value orientation for death compensation is determined by the maximum value of the right to life. The separation of the main request determines that the death compensation is different from the other compensation. The position of death compensation is affected by the non-heritage of the allocation. To affirm the consideration factor of death compensation is the base to study the nature of the death compensation. summary.The relevant aspects are considered in death compensation. The great impact in practice of death compensation is also considered in counting amount of death compensation. Amount of death compensation bases on its nature.if it is compensation for moral damages, death compensation is not considered in the count. If it is compensation for material damages, the material damage and maintenance damage would avoid double count in the mount of death compensation. the counting death compensation bases on its nature consequently. Before judgment of its nature, the issue wou be that how to judge compensation and how much death compensation is. The gap in criteria of death compensation between urban citizen and rural citizen leads to the unfairness. Because of the gap in different death compensation legally, the issue of death compensation would have strong emphasis and influence.The argument of death compensation consists of compensation for material damage and compensation for mental damage. The former one present bequest lost or maintenance lost in understanding. The later one is directed by the requirement in law generally. In academic literature, the point of the cause of death, and point of expecting benefit help in understanding death compensation. Whatever the point,from the nature of death compensation, the two effect great critical. From the actual value of nature of death compensation, actually, lawmakers try to protect human being's live right through the nature of death compensation. in civil law, violation of human being's live right, the offender is responsible for his or her behavior, and balance the accountability. Death compensation appeared formally in the explanation of civil law in 2004. the legal area still do not make sense the difference between it and compensation for mental damage, whether the two kinds of compensation are same, or conduct individual, in the situation that new and old law are all available.According to the analysis from many levels, the conclusion is not complicated: solely conducting compensation for material damage in death compensation has huge limitation. However compensation for mental damage conflict with the legal explanation, and create confusion. Death compensation is a kind of punishment legally. It needs a judgment objectively in law requirement, and legal practice. It is also a innovation that can not find in existing literature, and is matching the current law, and solve the problem of conflict between existing law and explanation of law.