Legal Thoughts On The Combination Of Death Compensation And Survivor 's Living

The case of the death damage compensation in the current society of our country is a very sensitive cases, courts at the grassroots level all over the society, in dealing with such cases of public opinion, the close relatives of the parties and other aspects of the pressure. In judicial practice, the scope of compensation to accurately grasp the death damage can help the case undertakers timely, fair, the fair treatment of such disputes, has a good social effect and practical significance to properly resolve the death damage compensation cases. The current law, the people’s Republic of China promulgated in 2009, "tort liability law"(hereinafter referred to as the "tort liability act") death damage compensation scope prescribed the death compensation and funeral expenses. However, 2010 implementation of the "Supreme People’s Court on certain issues concerning the application of the people’s Republic of China tort liability law > notification"(hereinafter referred to as the "notice") fourth provisions concerning the death of the scope of compensation for damages, will be dependent for living expenses included in the death compensation. For the provisions of the Supreme People’s court, there are two kinds of different understanding in practice: an understanding is dependents living expenses completely canceled in the death compensation; another kind of understanding is will be dependent for living expenses shall be included in the compensation for death, no longer. All basic courts in the case of the death damage compensation processing of the same class, often have a different verdict. This paper will start from the quality of the death compensation, according to the foreign legal provisions for the scope of compensation for death, focuses on death compensation and the supported the relationship between people living expenses, the death compensation and dependents living expenses can and conclusion.In addition to this introduction, mainly includes the following five parts.Ⅰ Proposed the introduction of the case and problem. This case is an ordinary traffic accident, the victim Chang Chen died due to infringement of the plaintiff Liu Jun, his near relatives of Chen Hong, Zhang Shan filed a civil lawsuit against Liu Jun, Yongcheng Transportation Company Limited and insurance companies, to demand compensation and compensation of Sanyuan dependents living expenses of the death compensation, draws out the focus of the case is death legal thinking on compensation and dependents living expenses can be used and.Ⅱ The quality of the death compensation. Includes three aspects: first, to prove the death compensation is the nature of the property damage compensation. Second, countries in recognition of the death compensation is the premise of the nature of the compensation for property damage, have two kinds of theories: "nurture loses said" and "loss of inheritance", what are the scope of compensation for the death of two kinds of theories of. Third, compensation for death in every department of law in our country is in what properties are.Ⅲ The relevant provisions in other countries, area on the death of the scope of compensation for damages. In the confirmation of the death compensation is the premise of nature of compensation for property damage, with Germany, Russia, Switzerland and the "European Tort Law Principle" of "nurture loses said", Japan adopted the "loss of inheritance", respectively introduces the scope of compensation over the various countries about the death compensation.Ⅳ Death compensation and dependents living expenses. This part is the core of this thesis. Mainly involves the following contents: first, the relationship between the two is determined by the nature of death compensation. The law of second, between the two in our country in the process of law can be divided into four stages. Third,reflections on the case. The law of our country in the use of "premise the loss of inheritance", death compensation already contains the dependents living expenses, does not exist the problem of co-existence of both in the same damage compensation, the death damage compensation cases in the court’s decision will be dependent for living expenses included in the death compensation is worth discussing and contrary to the principle of fairness of civil law.