On The Legal Basis Of Death Compensation In China

In Tort Liability Act, compensation for death is a compelling compensation project. But scholars, legislative experts and judges don’t have consistent views with it. The paper combines the purpose and function of tort law, combed and investigate the legislative history and judicial decisions of death compensation, and discuss the legal basis, nature, content and judicial practice application of compensation for death. According to the paper, compensation for death has been considered to compensation for spirit damage at first and then for material damage in the history of China’s legislation. The attitude of Judicial decisions regard to the nature of compensation for death is not entirely consistent. But the majority of the courts treat it as material damage compensation. In theory, there are two major doctrines about the legal basis of the right to request compensation for death, one is theory of inheritance, the other is the theory of natural damage. I think the inheritance theory and some of views of theory of natural damage deviate from the basic theory of civil law. We should adopt the theory of direct damage to near relatives. Death compensation is used to pay for indirect property damage of close relatives. I will name it the theory of close relatives indirect property damage or lose the benefit. There are five doctrines about the nature of the compensation for death, such as compensation for the value of life, compensation for mental damage, compensation for material damages and the theory of punitive damages. Through comparison and analysis, I believe we should adopt the theory of compensation for material damages, which is conducive to provide a comprehensive and full compensation for close relatives. It also reflects the function of tort law to fill damages. The article also comes to discuss the problem of the same price for the same life as well as the value of establishing the right to life. After that, the paper also elaborates the content of compensation for death and its application in the judicial practice. I hope the readers to have a more in-depth understanding of the death compensation.