Research On Death Compensation System

Death compensation system is a important part of the legal system in China, despiteits body content belongs to civil law, but has relevant content involved in the varioussectors, have important practical role in judicial practice. Death compensation system inChina started late, due to the comprehensive factors such as political history has obviousstage characteristics. Into the20th century after death compensation system in our countrybegan to rapid development, in comparison with the social public demand still has a lot ofshortcomings. Death compensation system is the core of the nature of the death penalty, injurisprudence as the basic starting point of thinking combined with relevant theory of civillaw, the nature of the death penalty in our country exist obvious problems, its basic reasonlies in the understanding of the nature of death compensation is insufficient, can’taccurately grasp the content of the nature of the death penalty. This needs starting from thelegal system as a whole, to meet the needs of each department, to rethink and determinethe nature of the death penalty, to perfect our death compensation system, to bettersafeguard the interests of the relevant parties.Based on real case, this paper distinguished the layered analysis due to the nature ofdeath compensation problem of judicial practice, the resulting death compensation perfectSuggestions, mainly divides into four parts: the first part of what is happening in ourcountry the death compensation cases, clarify the death compensation contradictions thatexist in the judicial practice in our country, and put forward concrete problems analysis ofcontradictions; The second part is the death compensation system of our country’s legalexplanations, triggered by different law between contradiction proposed own view andunderstanding; The third part of the specific properties of death compensation of ourcountry mainstream theory, and put forward reasonable Suggestions according to theauthor own viewpoint; The fourth part based on the analysis of the above three partssummarized his views, and extend the discussion, puts forward Suggestions onimprovement of the system of death penalty.The purpose of writing this article is to the maintenance of the necessary to the social public interests, especially for protection of the rights. Relative to the living and the deadcan’t show their views and need, need to be more perfect system to protect the interests ofits comprehensively, but also to safeguard the interests of the share. The nature of thedeath penalty is the core of the death compensation system, determine reasonable nature ofdeath compensation to ensure the progress of the death compensation system is perfect, soas to guarantee the rights and interests of stakeholders.