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Study On Death Compensation System

Posted on:2011-11-23Degree:MasterType:Thesis
Country:ChinaCandidate:H X LiFull Text:PDF
GTID:2166360305975998Subject:Law
Abstract/Summary:PDF Full Text Request
Violations of the right to life is irreversible, its impossible to through monetary compensation to achieve equivalent. Therefore, how design of the legal system to remedy the right to life, to restore social order, to appease the victim's close relatives, to achieve fair and equitable was the more important, there has also been a public concern. With combination of theory and practice, based on the existing tort law in the death of compensation to the relief of the principle of assessment, analysis of the damage against the right to life, the nature of compensation for death, characteristics, The compensation to death is a compensation to close relatives of the property damage, and that compensation is close relative's future which is a expect compensation for loss of income. Subsequent analysis of the country's legislation, and pointed out that as death compensation system, in one hand, there is differential treatment of urban and rural residents, the scope of compensation and compensation standard is not reasonable enough, in another hand , death compensation for moral damage, is lack of specific applicable standards, caused differences in moral damage compensation .for the many causes the death compensation, in our country, the victim's close relatives, have the great difference between the amount of compensation, its also led to the public argument on the "number of compensation is different". It start with the equal rights and reasonable differences, writer pointed out that as compensation for death is not a compensation price of human life, it is impossible to achieve complete matching of compensation for each victim, so the law allows the death compensation have reasonable difference in the compensation, the most important thing is design the compensation standards which is the formulation of reasonable care as the best interests of the majority. Finally, with the reality death compensation, it proposes some simple suggestion on legislation of death compensation system.
Keywords/Search Tags:Right to life, Reasonable difference, Compensation standards, Mental damage compensate
PDF Full Text Request
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