Death Compensation Fund System

Death indemnity is party causing an injury pay a certain amount of money to victim's near relatives when natural person's right of life receives the illegal violation that causing the damage of right of life itself and future income loss. As a civil liability, death indemnity has its own particularity in the aspect of the amount of indemnity, compensation goal, the main body of right of requests and so on. Overseas death indemnity system has experienced three times which is free compensation, compulsory compensation and dual compensation, China ancient death indemnity system mainly has paying a certain amount of copper to the wound and death family, paying the property to victim's near relatives to support their live, paying funeral expenses to victim's near relatives and ? so on. Looked from our country present legal rule, the rules about death compensation has experienced three stages which is seed, start and development. The legal regime of death compensation is growing out of nothing, is growing from simply to complex, which indicates right of life is take more and more respected, and the legal regime is more and more perfect. But there are some problems, for instance, the legal framework of death compensation is chaotic, the rules about death compensation are conflicting, the standard of death compensation is not reasonable, so the rationality and fairness of the death indemnity system itself receives people's question. The reason of causing this question is that the existence of dispute about the nature of death indemnity. The nature of death indemnity should include two meanings, one is punitive compensation to the damage of right of life, another is redemptive compensation to the future income lose. The function of the death indemnity system should include the compensatory function, the penalty function, the comfort function and the prevention function. The three principles of death compensation are the principle of fair, the principle of dual compensation and the principle of balanced benefit. The perfect death indemnity system including the fixed quantity compensation on the damage of right of life, the differential compensation on future income loss, the highest amount limit of compensation.