Civil Liability For Violations Of The Right To Life And Constitutes The Basis Of Claims

Life from a legal point of view, refers only to a natural person's life, not encompass all biological life, of course, does not include legal persons and other organizations.Life as the highest value, it is the basis for the existence of all other rights,persons lose their lives, all of their rights will be eliminated, even though there are some continuity of personality rights, but for the dead, everything is meaningless. In a people-oriented today, human's survival, human's development, human's rights, human values is the purpose of everything the other means. Thus, in legal theory and legal provisions, life is the highest value. However, there are many urgent need to clarify and improve.This paper is divided into seven parts.The first part is life and the right to life. Should be protected against the right of life, inevitably involves what is life, life includes the right to which the foreign law and our law the right to protect life and what provisions. The second part is the responsibility for violations of the right to life form. The right to life some of the acts of infringement analysis, a total of about four parts, namely the fact that the occurrence of damage, illegal acts, violations and the fact that the causal relationship between damage, fault four. The third part is the right to life, the history of relief..From a historical perspective of the right to life relief were introduced, from the earliest to Life with revenge and then to life with the same price, which is the inevitable development of human civilization trend. The fourth part is the scope and standards of death compensation. This section describes the Roman and Chinese law-related death of the scope and standards of compensation. The fifth part is the right to life of the claim against the foundation. That part of the focus of many countries now provides the right to life against others, near relatives of the victims have the right to claim damages. But this claim is based on what, why close relatives of the deceased have the right to request it? Some talked about the jurisprudence of the various theories and found various theories have some truth, but also in some of the problems, I believe that damages claim should be "damage the interests of that" as long as being due to the death of the deceased damage the interests of people who have the right to claim damages, including damages for the deceased, I also enjoy the right to request, but because the rights of the deceased ability of the loss, the loss of their civil subject qualification, the claim for damages to be inherited by their heirs. Part VI is no close relatives of the people against the right to claim the basis of life. This section is also the focus of this article. In this section, the author attempts to compensation from all types of projects and the current practice, the main claim of eligibility for analysis.Partâ…¦Relief for the recommendations of the right to life. Because the right to life to protect our laws are too complicated, not a compensation standards, the country's fundamental law of the "Constitution," also did not give the right to life provisions of the standard of compensation is too low. Therefore, the right to life to give maximum protection to improve relevant legislation, a clear purpose or function of damages for violations of right to life to be punitive damages, to establish "loss of succession doctrine" to improve the level of relief to establish damages in full spirit of the principles and Unity principle of compensation.