Study On Wrongful Death Compensation

Based on Chinese law, taking the clause analysis which is a basic Legal Method as method, the paper focus on researching the Death Damage Compensation System——mainly research on the correct understanding and application of Chinese law and problems in the current system. Further, the paper based on all the conditions of our country, combining with the observation of legal system advanced country from the angle of comparison law, put forward some ideas.Except the Introduction, the paper is divided into six parts.The first part mainly discusses the basic problem of wrongful death compensation. This part is the basis for entire paper, and this part is due to get a whole and correct understanding of wrongful death compensation. This part start from the concept, system status, principles, methods, calculation of the compensation to introduce the basic situation of compensation, and further analyze the features of the wrongful death compensation and the controversy of the compensation system. In the end of the part, paper focus on discussing the Elements of the compensation and the basic of claims.The second part of the paper focus on the Plaintiff of wrongful death compensation and the contents of the wrongful death compensation. This part is the corn of the paper. Secondly, the paper respectively analyze the dead and the other person connected with the dead, exposit their damage compensation claims and content of it, and specially focus on the exposition of Compensation for moral damage and death compensation. In the end of this part, author comprehensive conclude the wrongful death compensation system of China, and chart in the form of intuitive and clear reflection of the status of wrongful death compensation system of China.The third part of the paper mostly focuses on the scope of the wrongful death compensation, which means on the basis of certain contents of comprehension to discuss the factors which could affect the scope of the compensation. The paper point out the most important factors that are Vorteilsausgleichung and Contributory Negligence, and separately analyzed relevant circumstances.The fourth part of the paper mainly discusses the relations of the application between the death damage compensation system and other laws and regulations, and the competing under the civil law system between the torts law and the contract law. For our country, this issue mainly concern the includes the relationship between the death damage compensation under the civil law system and the "Work Injury Insurance Regulations", "National Compensation Act" and "Regulations on Handling Medical Accidents" and other relevant provisions. This applies to the relationship are important for the theory and practice, but unfortunately is often overlooked, this paper take this as a section devoted to.The fifth part of the paper mainly response to all kinds advises about the wrongful death compensation of China. Prior to this, this part analyze and introduce the history and evolution of the damage calculation of objectivist in our country, so that the reader clearly how our laws come to the situation today. Then, the paper also devoted to an analysis of China's urban-rural distinction objectivism compensation patterns and problems, and to damages will lead to "injury not as good as dead" the outcome of the non-rational talked about his own views.The six part of the paper is the end, this part mainly combined with the relevant contents of the new law——torts law to discuss the new situation and existed problem of wrongful death compensation system of China after the enforcement of the new law.