Death Compensation Study

In Our legislation, the death compensation have been prescribed by many laws, administrative regulations and judicial interpretation. "State Compensation Law", "Consumer Protection Act", "Product Quality Law", "Food Sanitation Law", "Road Traffic Safety Law" and other laws and regulations, some judicial interpretations, such as the Supreme People's Court "on the physical damage of electric shock to hear the case of a number of issues explained", "on the trial of foreign-related cases of personal injury death at sea of specific provisions for damages ", " With regard to tort liability for damages the spirit of the interpretation of a number of issues", " Compensation for personal injury on the trial of cases the law applicable to the interpretation of a number of issues" and other interoperability of a number of strong administrative regulations and departmental rules and regulations such as the "Regulations on Handling Medical Accidents", "Industrial injury insurance regulations" and so on are involved. But many of them are incompatible to each other, which lead to the name is inconsistent with connotation of death compensation. Due to lack of fundamental law, judicial practice have to face more and more questions that can not easily solution. In particular, the different payment between the urban and rural residence had aroused much concern. A debate of "Same lives with different price" has also engulfed the entire country. The reason of all of these is unclear nature of death compensation. Therefore, by introducing the development of Chinese and foreign compensation system, as well as redefining the nature of death compensation, we can definite our compensation system. In addition, point to the current problems in our country and put forward my proposals.The first part introduces the infringement of civil liability and damages, followed by an analysis of the two doctrines, that is, "the loss of dependency" and "lose that inheritance". Through the analysis of doctrine, I focus on the death compensation of our scope and nature. At the same time to introduce the characteristics of death compensation.The second part analyzes the development of death compensation, and making a brief analysis about the characteristics of various periods of compensation system. The development course of death compensation system, not only on China's ancient on the relevant provisions of the death compensation, but also make a brief introduction about the "compensation order price" that China's Tibetan areas long-standing system.The third part analysis what's the right to request compensation. Comparing the "inheritance system" with "innate injury system". The purpose of compensation for damages based on the request of the right to be analyzed.The fourth part focuses on the nature of death compensation. Analysis two opinion, including the doctrine of spirit damages and the doctrine of punitive damages to define the modern nature of death compensation. This part combines the historical background of death compensation to remodeling of the death of China's future compensation system.The fifth part describes the system of death compensation and existing problems in china's legislative. And put forward legislative proposals.I have used historical analysis and system analysis in this paper. Investigation of death compensation through the history and status of national legislation reflected our existing system of death compensation in a disorderly manner. Besides, this paper focus on what's the right of the request for death compensation. Combined with judicial practice, thinking of the comprehensive support death relief measures with a view to continuously improve our system of compensation for death.