A Study On The Scope Of Death Compensation For Juveniles

Minor are not only the hope and pillar of families but also the future of our country. But in today’s society, the violation of the rights of minor’health even life are frequent and becoming one of social hot issues. How to deal with the cases about the infringement of minor right is not only about public concerns, admiral from a certain extent, is also the cognizance of whether the protection of minor is in place, which involves the evaluation of the judicial system in China. So both from the legal and reasonable terms, minor shall get special attention and protection.Our country formulated the "minor protection law", "prevention of juvenile delinquency law and so on which belong to the law of minor. Also there are detailed terms about minor in other normative legal documents, which reflected the determination and strength for protecting minor. But we can’t deny the flaw still exists. This paper is based on the current law and judicial interpretation of death compensation rules to minor defects, put forward a minor death compensation should not be completely applicable to the provisions of the laws of death compensation, but should establish their own compensation system.In current system of provisions of the personal injury compensation, the regulation of compensation of mental damage has defect. The law and judicial interpretation on contradictions subject about the right of claim to a certain extent, restricted the death in the minor the reasonable demands of their relatives, based on the analysis of foreign legislation for minor close relatives of support for compensation for mental injury, shall be carried out in a legislative amendment and the calculation method of compensation for mental damage is put forward. On mental injury determination, the weakness is there is no standard for the cognizance of the damage and authoritative institutions, leading to the judge discretion expansion and different trail result in similar sentence.The death of minor leads to the drain of input on them of families, and minor growth stage determines the most important parts of the input is education spending. By theoretical analysis, we can calculate compensation and make it a base of calculation formula.Punitive compensation at present is mainly suitable for the operators in the consumers’ rights and interests of the People’s Republic of China protects a law "responsibility," food safety law and the tort liability act of commodity quality lead to personal injury liability to pay compensation. Scholars have discussed the application of expanded scope of punitive damages system but few people mentioned this shall apply to the system of compensation of minor. From an infringer in violation of the generalized comprehensive contract theory point of view, the existence of punitive damages in the infringement of personal right is the reasonable. In addition, lost-child families are gradually becoming focused problems in society, this special group are not having the attention and protection that they should have. Even though our country launched two-child policy, it* means nothing to them and we got a lot of this-kind families. In view of this, the infringement of minor caused to death should be punished, and punitive damages is necessary.