Death Compensation Fund System

Death compensation has been the death of not only academics; practical focus of attention is always talking about people. Life after the incident against tends to draw attention to the moral condemnation of the infringer and deep sympathy for a deceased person. The right to life of every person to enjoy the fundamental rights, respect for self and others is not only the life of every human community to the basic ethical requirements; it is each individual's legal obligations. Compensation system is the death of a deceased person to confirm the damage the law and the specific property of a deceased person of non-property damage and compensation for damage to the scope and object, and thus to safeguard and protect the interests of a deceased person damaged. How can the damage of a deceased person to provide a complete and adequate compensation for relief, so that their interests are effectively the legal protection of, the death compensation system must be closely around the theme.Death compensation system in our country after two decades of development, has already established a basic structure of their system. However, the system itself in a number of requirements there is still varying degrees of defects, some of which has not yet been properly resolved. In this context, the system of death compensation of the theoretical research is on the practical significance. Therefore, the proposed death compensation system of the theoretical level of research as the guide goes in the death compensation system to reflect the norms of the system and improve the level stage. Through a comprehensive study of the theory and norms of death compensation, trying to improve our compensation system.Investigate of the first part of the history of death compensation system. First of all, the period in accordance with customary law, ancient law and the existing law during the period of the order of death abroad, the history of the evolution system. Next focused on the development process of death compensation system of China.Investigate of the second part of the legal basis for death compensation. First proposed the theory of death compensation caused by the controversial reality confusion, pointing out that different name death compensation, the multiple, the death compensation standard diversification, judicial practice, the operation is different and so the main problems. Then introduced the report on the death of the different nature of the death compensation theory, there are pension said, spirit soothing said and yat missing benefit compensation said which divided into dependent loss compensation and inheritance loss compensation. Finally, in summing up the basis of the first two deaths compensation will be looking forward to re-position the nature of death compensation to real benefit and future benefit lost compensation.Investigate the principle and scope of death compensation system of the third part. First of all, to determine compensation for the death of the three major principles, namely, the principle of equality, the principle of adequate compensation and the principle of balance of interests. Discussion followed the scope of the death compensation payments which is divided into material and moral damage compensation.Investigate the standard of death compensation system of the fourth part. Death compensation claim should be focused on an equal basis to allow the existence of a reasonable difference. And then discuss the calculation standard of material and mental damages.