Tort Compensation System Study Of Death

This thesis is to discuss death indemnification a gold of relevant problem, this is also recent some in the last yearses of, is a civil law to learn not only, the whole method learn, is go to is the focus of[with] social public opinion.This problem existence too big controversy, and this kind of controversy isn't the lawmaking technique of, but law essential problem, may also concern to the political factor, but this problem really is a problem that can't get around that puts in the lawgiver in front, particularly is now together life different price this problem has already become wave point in place with a draught of a problem, relate to to the law how rule and then can carry out fair equal, then can make people feel the method is the method of[with] kind justice, this problem that wants to discuss in the center is a lot of, including the problem of the method value level, also including the social value of the method, namely the legal system certainly comes out hereafter how can rise better implement result, make the provision of the method be unlikely to end up in nothing, make the provision of the law be able to adapt the demand of the social development, and keep up with the current of the world history, promote the development of the our country society.Under this background, the writer mainly discusses three problems:The first problem is the object problem that dies indemnification.It constituted death the law theories foundation of the indemnification.Have two partieses to this ories assertion, namely"inherit a doctrine" with"proper doctrine"."Inherit a doctrine" has six kinds of theories again.Then"proper doctrine" have"dual victimize a person to say directly" again is two kinds of theories with"the dead close relative belong to victimize to say directly ".The writer agrees with"proper doctrine" dead close relative to belong to victimize to say directly.Think die the indemnification claim power be the dead close relative belong to possess of right.That right comes from its oneself right to encounter to violate but be subjected to fact of have the loss. Violate the behavior of the life power at make the life power the person lose life of in the meantime, broke the normal relatives identity relation at the right moment, violated the dead close relative to belong to directly of identity power, result in its spirit injure to lose and relatives identity benefits, promises a load of civil case responsibility for correspond thus.Also be say, victim's hasing already die can't be the right corpus, but the death is a fact, have to compensate again to this fact.Violate the behavior of the life power at make the life power the person lose life of in the meantime, broke the normal relatives identity relation at the right moment, violated the dead close relative to belong to directly of identity power, result in its spirit injure to lose and relatives identity benefits, promises a load of civil case responsibility for correspond thus.The second problem is a death indemnification scope problem.The theories standpoint have"bring up to lose to say" two kinds of theories is each beneficial frauds with" inherit to lose to say ".Supreme People's Court《the Human body indemnity explain》adopt to inherit to lose to say.The writer thinks and should is divided into definitely the death indemnification two greatly part of:The spirit injures to lose two parts with property.The spirit injure, victimizing a person death as to it's the close relative belong to result in of spirit damage. The property lose and should include two part of contentses:A is a direct loss, then cost directly of loss, include the funeral fee, the transportation fee etc.;An is an indirect loss, including two:The close relative brought up to the demand belongs to to speak a performance in order to be bring up person's living expenses, bring up an obligation because of as to it's the dead take namely, be to victimize a person death, then lose to bring up of source, as a result violated the behavior of the life power to result in to victimize the loss of[with] the person's property benefits indirectly, as a result possess indemnity claim power;For not the close relative that need to be bring up belong to to speak then to is because of victimizing a person death, but causing and victimizing the close relative that the person live together to belong to the living quality descend suffer of the economy lose.The third problem death indemnification quantity problem. See die indemnification from the theories level since can't be little also can't too many, have to be appropriate.The actual situation level mainly have"settle the sum indemnification method" is two kinds of way of doings with"the individual indemnification method".The writer thinks aiming at not the indemnification of the congeniality should adopt different way of doing. Should insist same standard to the spirit indemnity part.Compensate the object should limit at to live more close close relative with victim to belong to;Then shouldn't insist to unify standard to the property indemnification part.Because each individual cases piece in victim's close relative belongs to suffer of the economic loss is different.The indemnification quantity should also different.For direct property lose should according to actual occurrence of is quasi-, carry on indemnification.Indirect property's lose should be limited by the dead only to be the circumstance that has income, and be limited by the close relative that lives together with the dead to belong to only.The close relative brought up to the demand belongs to to speak a performance for is bring up person's living expenses.Its quantity should be a maintenance at that time the local person is a level all.The quantity can be similar;For not the close relative that need to be bring up belong to to speak that then lose for the living economy that quality suffer when descend. Its quantity should can be provide in a family while was living according to the dead of material resources to compute, concretely make reference to several factor, for example the age,the income condition of the dead.The indemnification quantity should be different.Comprehensive to speak, in order to quell together the problem of the life different price, we can with the standard of the enlargement spirit indemnity, the spirit indemnification is basic according to same standard, then compensates this part of adequacies to the property to lower, according to actual the circumstance dissimilarity carry on different indemnification. Certainly should adopf"generalize of a the son indemnification method" and don't distinguish analyse the property and spirit for in same infringement affairs that result in many persons die in the trouble, same carry on indemnification according to the same of standard.