From The Constitutional Right To Equality, Personal Injury Compensation For Death In The Discrimination Problem

This dissertation aims at researching the different treatment issues in the personal injury death compensation from the perspective of the right of constitution equality .Through the legal analysis on the right of equality and different treatments and the reality of equal rights and different treatment of the status, trying to find a more suitable personal injury death compensation standard model.The right of equality is a product and sign of human civilization process. The content of the right of equality contains many levels, covering many aspects of the politics,economy and culture, and many other aspects, including the level of material and spiritual dimensions. Talking from the spiritual level that is the right to live from the perspective of moral rights, there is no difference between people, but in reality the economic exchanges between people due to natural causes, and personal ability which are different. Equality does not preclude a reasonable difference, but they must be reasonable differences within the limits ,if they are ,beyond this limit ,they are unreasonable, for example the Supreme People's Court has gone into effect "on personal injury compensation cases before the law applicable to a number of issues " on May 1, 2004. The damage of the right of life caused by the death compensation is different between urban and rural; such inequality has caused numerous responses. This unreasonable difference treatment is caused by many complex factors. What we need to define further today is the death compensation system and the method of calculating the original intention of designing the logic of creating a greater fracture, but the root of inequality between rural and urban areas is not within the city and county, or geographic or other factors, it is established on the basis of the loss in succession, if we are trying to truly achieve equality of the right of life of relief, we should remove the label between urban and rural and carefully weigh the reasonableness between other parameters trigger compensation ,a standard that is a main -auxiliary compensation to the value of life is based on the economic damages, to supplement by the standards; we can learn from Japan death damages Case. Let people understand that "Life is priceless" and damage caused by death is not the same, our country's system of compensation will become better and better.