Infringe The Rights Of Life Damages

Right to life is the basic right of the citizen .If the right to life is infringed, other rights have nothing to depend upon. Since the right to life is the most important civil right, when it suffers infringement, the tort law should give it the fullest relief in theory. However, in legislation, there is crack to the right to life's compulsion; moreover, in the existing law, the regulations or the judicial interpretation have many unreasonable places. Therefore, after the right to life suffers the damage, the relief question has been the hot spot in the academic field.The compensation for right to life experienced homomorphism revenge time, the choice compensation time and the compulsion compensation time, and ultimately formed the perfectly comprehensive compensation system. After the right to life is violated, the infringer should undertake legal responsibility, the civil liability and the administrative responsibility, which have some differences. This article mainly distinguish the difference between the civil liability and the legal, Then analyzed the civil liability constitution according to the"four elements"theory .Generally speaking, as long as his act conforms to these four elements, the infringer should undertake the corresponding responsibility .The value of life is hard to estimate, which makes the compensation for damages exceptionally difficult. Therefore, the modern countries pay more attention to the non- property compensation for damages system as well as the property compensation for damages system to the victim. From the point of the property compensation for damages, the victim suffers the loss and the benefit. The death compensation has its rationality, but in practice, it also causes realistic question, for example,"the equal life differs in price". The third person cannot advocate the right generally, what is exceptional is that he has paid the medical expense, the funeral expense, and so on.The non-property compensation for damages, namely, the spirit compensation for damages is the perfect important symbol of the compensation system for. The phrenalgia that the victim suffers during the process when he is infringed is hard to believe. Therefore, he should enjoy the spirit compensation for damages. The close relative will also withstand the huge phrenalgia because of the victim's death. The problem is, should the third person be authorized to advocate such right? In order to maintain the social order, protect the third person whose right receives the violation, I believe that we should entrust with the third person of this right on certain condition.Finally, I briefly recall the judicial course of the damage compensation system in our country, and offer some simple suggestions to our country according to the existing legislation's flaw. I hope I can contribute a little to the life damage compensation system of our country.