Research On The System Of Compensation For Damages Of The Right To Life

Legal protection of right of personality is the primary mission of modem tort law.Right of life as the fundamental fight of personality is at the highest position among the whole civil rights system,so it should be protected mostly on the tort law.The compensation for the damages of the right to life should become the most important component of infringement damages.Through researching the system of compensation for damages of the right to life,we can see that the basic questions of this system are who have compensation claims when somebody's right of life is encroached and what is the theoretical basis for their compensation claims etc.However,because of the specificity of the fight to life,as well as the theoretical yoke caused by subject-of-fight theory,the system of compensation for damages of the right to life have different characteristics between various countries.Generally there are two constructing modules about the legal relationship of compensation for the damages of the fight to life.The first module only admits that the third persons,especially the close relatives can request for compensation to the offender.However the other module admits that both the third person and the owner of right of life can request for compensation to the offender.But both constructing modules are facing a lot of ethical and logical contradictions.Because of those ethical and logical contradictions,I try to study about these basic questions of this system of compensation for damages of the right to life,and to examine about the ethical and logical contradictions of this system of compensation.The full text is divided into four chapters:The chapter one focuses on the general theory of the right to life.It primary concern with the nature,the contents and the characteristics of the right to life,as well as the private law relief system of the right to life.The chapter two focuses on the general theories of the system of compensation for damages of the right to life.First of all,it defines the scope of the general theories of the system of compensation for damages of the right to life.Because this paper mainly focused on how to construct the modules about the legal relationship of compensation for the damages of the right to life,so here the so-called general theories of the system of compensation for damages of the right to life only rely to the basic theories of how to how to construct the modules about the legal relationship of compensation for the damages of the right to life.Then this thesis analyzes two constructing modules about the legal relationship of compensation for the damages of the right to life,and the ethical and logical contradictions faced by both modules.At last it draw out a current constructing modules about the legal relationship of compensation for the damages of the right to life.The last two chapters focus on the concrete analysis about the damages to he third persons,especially the close relatives,and to the owner of right to life,it also analysis about both their compensation claims to the Offender.Each part concretely analysis the theoretical foundation of their compensation claims,chapter IV especially discusses the scope the persons who have rights to request compensation for their damages caused by infringement to the right of life.Finally these two parts also analyze the defects of Chinese existing legislations,and propose some suggestions for further improvements.