Study On Dealth Compensation In State Compensation

Death compensation is an important issue in state compensation. There are three provisions that define death compensation from the perspective of claim subject, claim content and compensation standard in the State Compensation Law, but these three simple provisions are flawed both theoretically and practically. The author argues that the reason why the relevant legislation is so problematic is insufficient theoretical researches on death compensation and confusion in theory in China, which result in the theoretical and practical vulnerability. Based on the existing problems in the legislation at present, this paper conducts a comprehensive analysis on death compensation combined with its relevant theories and beneficial investigation in comparative law.The first part focuses on the right basis of claim for death compensation in order to derive the scope of claim subject. The claim for death compensation is not a relief for the "right to life" of the dead, but a compensation for the damages suffered by "the third party who was closely related to the dead when he was alive"The second part discusses the claim content for death compensation and the differences between property damage and non-property damage successively. Besides, this part also explores the deficiencies in terms of the regulations on death compensation in the current State Compensation Law.The third part analyzes the nature of death compensation payment, based on which reasonable suggestions for the payment standard are put forward. Death compensation payment is the most controversial sector in death compensation, so there is a specific chapter where it is discussed in this paper. The author concludes that the payment standard of "unified quota" regulated in the State Compensation Law is contrary to its nature of "lost profit" through a comprehensive analysis...