Research On Death Compensation And Perfection Of The Legal System

In China's legislation, a number of laws, administrative regulations and judicial interpretation have been stipulated the compensation for the dead, but many of them are not integrated and incompatible to each other, which lead to the juridical confusion. In addition, "The Explanation to Compensation for the Person Injury" constituted by the Supreme People's Court has been being criticized by the mass for its discriminatory treating of life on the basis of urban and rural household registration. It has also been being denounced that the judgments are paradox as a result of the different local laws on the amount of death compensation. Thus the argument on whether the same death should get the equal compensation or not is sweeping across the country, with various viewpoints ranging from the experts of Supreme People's Court to the average people. This is because the uncertainty of the nature of death compensation results in the vagueness of related regulations, and this restricts the process of the lawmaking on it and its judicial practice development. The article mainly includes five parts, in which firstly the historical evolvement of death compensation laws is summarized, and then the actuality and shortcomings of the death compensation laws in our country will be analyzed and consequently the three logical levels of this regulation will be expounded from the legal point of view. At last, new ideas on the death compensation law will be proposed in the light of discussing the equal theories.In the first part, the historical evolvement of death compensation law and the law itself are summarized. At first, the summary includes the definition and meaning of the death compensation, and then the historical evolvement of the law on it in home and abroad is discussed, with more focus on the evolvement of our present laws on the death compensation.In the second part, the actuality and shortcomings of the death compensation law in our country are discussed. The actuality of this law and the weakness in the legal and judicial areas are summarized. The problems such as the unidentical name of death compensation of compensation, the multiple departments for lawmaking, the multiform of the death compensation calculating standards and the disorder of judicial practice primarily exist nowadays.In the third part, the legal base for the death compensation regulation is explored. The reason, the content and the way for the compensation are discussed. The reason is analyzed from the aspects of the life ethic, the right of living and the law on responsibility for the rights abuse. The content is analyzed from the nature of death compensation. The article argues that the death compensation belongs to the succeeded loss of material loss, which based on the theory of mind comforting and losing interests. At last, the way for compensation refers to the model and standards of death compensation, and then the fixing for model of the compensation and differentia of the compensation standards are considered to be reasonable.In the fourth part, the legal equality and different compensation for same death dispute are discussed. The article first expounded the meaning of equality, followed on understanding of the legal equality, and then the concept of "everyone was born equally in front of the law, but the law can not be able to make everyone equal" is proposed. The concept of "everyone was born equally in front of the law" doesn't mean that everyone is the same without any difference and should be treated equally without distinguishing because nowhere can this be accomplished. In the ending, the interaction between the legal equality and different compensation for same death is analyzed.In the last part, the new ideas for our country's death compensation law are discussed. These ideas include integrating the legislation of our country's death compensation law to ensure the integration of the law, setting up the regulation of punishing compensation for the mental injury to prove that the life is equal and highly valued, confirming the standards of the death compensation amount on the basis of reasonable expiation principle and establishing the national death solatium system so that the value and cherishment of life can be better embodied.