| Although human's life, health and body obviously outweight the property, in the terms of the values the law protects , the protection mechanisms of the property damages were far more developed and perfect than those of personal injuries ,no matter in the developed history of laws of any country.There are a lot of differences between the compensation to personal injuries and to property damages,such as the adjusting mechanisms, regulating goals, and protecting measures. But the scholars study the tort law have been focusing more on the latter, or the upper systems of both,such as the responsibility principle, constitutions, and the causal relationship. Even if a few studying the former, are also paying attention to the disadvantages of the current legislation and its solutions. On one hand ,they overlook the long historical evolution of personal injury ,on the other hand, they also don't compare the differences between the Chinese and Western personal injury systems,which results in a long time of lacking researchs on the personal injury compensation system.In this paper, the author seeks to examine the personal injury compensation system in the West, relevant historical, legislative cases, social background and resolution mechanism based on the related issues to sort out the system and assessment, to grasp the historical context of personal injury compensation, and through the legislative model, the principle and mode of compensation attributable to the lateral areas compared to the West to find the personal injury compensation system, the differences and similarities, and ultimately reveals a little behind the law and general trends, look to the tort law system of China and the Civil Code provides for reference to develop experiences,with the historical perspective and comparative analysis of the integrated use of historical and comparative research methods,.There are about 40 thousands words in this paper. It is divided into three parts, that is introduction, body and conclusion, starting it as follows now:Introduction: This part mainly explains why the author write this paper ,in the same time, summarizes and evaluates the current research concerned with the topic of this paper, and then points out the independent value and significance of this paper.The body is divided into four following parts again:Partâ… : Personal injury and compensation mechanism. In this section, the author defines some concepts related to the article, compares the differences between personal injury compensation and property damages, and then points out significances of a comparative study on Chinese and Western personal injury compensation system.Partâ…¡: History of personal injury compensation system. In this section, the author describes the history of the Western and Chinese personal injury compensation laws, which provides a historical basis and evidence base for the following analysis.Partâ…¢: A Comparasion between the Chinese and Western Personal Injuries Compensation System. In this section, the author compares the differences between the western and Chinese personal injury compensation laws,after the introduction to the history of the Western and Chinese personal injury compensation laws. In a Conclusion, the ancient China and western continental countries developed a different self-contained personal injury compensation system, owing to the differences in their natural, social and political environments.There are many differences between the them,such as legal concepts, specific system design and judicial practice.With the Qing dynasty legal reform, the western and Chinese personal injury compensation systems have the same trends.Partâ…£: The developing trend of personal injury compensation system and its implications for China. In this section, the author tries to take a conclusion for the history and comparison of personal injury compensation, and find out a general trend and more crediable experiences compensation from the relevant personal injuries legislation. Finally, the author notes that such experiences are of great importance for China.Conclusion: To summarize the thrust of this paper, further emphasize the theoretical and practical significance of independence.
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