| Life is the origin of mankind of society existence and development; it is the foundation of civilization and society. From aspect of jurisprudence, life only points the natural person, not the whole biologic lives. It is the basis of whom to have civil right. The life can't be conversed or replaced; it is the person's highest personality benefits. The object of right of life is safe benefits of natural person life. Protecting right of life is the mission of whole legal system especially to the civil law.With elapse of person life, the qualification of civil subject loses, and then he or she can not claim for corresponding damage compensation. Subjected to this traditional influence, and other old idea, our country always adjudges lower compensation for bodily death in aggrieving right of life case.So, how to protect and relieve right of life is becoming more and more significant for legal theory and practice. Therefore, this paper makes a research about basic legal questions concerning compensation for bodily death.This thesis consists of four parts concerning these problems.Part Ⅰ Concerning the academic foundation of right of life. The author paves the way for doing a research on legal problem of right of life by means of analyzing its definition, content and character, and then introduces the protection history of law for right of life, also analyzes its civil status.Part Ⅱ Foundation of claim for bodily death. For aggrieving right of life case, victim can not claim for compensation, so who would possess right of claim and what is the foundation of right of claim which is the key problem for relieving right of life. The author figures resolving the difficulty on the foundation of any pure right or theory is impossible, we should commence the analysis of concrete damage item in aggrieving right of life case, and construe the foundation of claim for every basic damage item.Part Ⅲ Important problems in construction of the system of... |
PDF Full Text Request