A Study On The Calculation Standard Of Death Compensation

Death compensation has received widespread attention in recent years, become ahot topic, and the calculation of how much influence the amount of deathcompensation standard is top priority. In the existing legal documents about deathcompensation calculation standard rules exist many problems, among them with"urban and rural household registration" standards as the basis of calculation of deathcompensation is one of them, resulting in the judicial practice in the phenomenon oflife with different price, is widely criticized by the public. This article through todeath compensation calculation standard theory and China’s relevant laws andregulations were analyzed, and combining with the judicial practice, the calculationstandard of our country should adopt, and some Suggestions to perfect our deathcompensation calculation standard.This paper will be divided into three chapters: the first chapter of deathcompensation calculation standard were summarized, the related concepts of deathcompensation calculation standard gives introduction; Then discusses the nature andscope of the death penalty; Finally introduced the death compensation calculationstandard of the two theories. The second chapter analyzes the death compensationcalculation standard of present situation and the existing problems and causes, thefirst introduction of the status quo, through a case raises issues "with different price"and briefly, briefly describes the calculation standard of death penalty in our countryrelated laws and regulations; Next to the problem of death compensation calculationstandard in our country are analyzed, from the "urban and rural householdregistration" standard, the appellate court and calculation of three aspects to theproblems of analysis; Finally analyzes the death compensation calculation standardthe root of the problem. The third chapter on the basis of the previous section for theperfection of death compensation calculation standards in China are proposed, first ofall introduces the compensation scope of death and thinking; Secondly puts forwardSuggestions on the legislation of our country death compensation, points out that weshould follow the principles of death compensation calculation standard, is pointed out that the thought of death compensation calculation standard for the developmentof compensation standard "classification", which was based on the deceased incomegap into the foundation, on the basis of the deceased’s income groups divided intodifferent types, each type has its own calculation standard and methods; Finally, alsois the focus of this article, the death compensation calculated from the actual incomeas the basis of calculating standard, with the standard for the specific group of fixedcontent, set up reasonable calculation fixed number of year and set the minimum andmaximum compensation limit four aspects to the specific recommendations.