Research On The Death Compensation System In China

Death compensation is the most controversial issue in compensation system for personal damages.However,in theory,the notion and the nature of compensation have not been defined for a long time.In legislation,current laws have not interpreted it directly and the compensation standards have not been unanimous.Judicially,the compensation system has not been formed led to conflicts about content of compensation among different legal documents,which made it hard to operate in practice.How to define the notion and the nature of our country's death compensation,how to fix death compensation standards and to preserve party's rights to biggest extent are of great significance.The thesis focuses on analysis and probe on present death compensation system and design of the system is cited boldly. The thesis is composed of four parts.In the first part,the author summarys on our country's death compensation system.At first,general introduction to the link between right to life and death compensation system and the nature to scope of death compensation.And then combing out evolution of compensation system and understanding current situation of compensation system to draw the problem of this thesis.In the second part,the author analyses the present problems of our country's death compensation system and summarizes the existing issues in legislation and judicially.In the third part,the author defines the nature of our country's death compensation.The reason why there are so many problems in legislation and judicially is mainly that the definition of death compensation is not clear.Most of all,formulates different natures of death compensation;then evaluates every view of natures and point out the disadvantages of existing problems;finally,the author defines the nature of our country's death compensation as property damage and mental damage compensation based on theory of right to life and principle of damage compensation in accordance with analysis of articals concerning death compensation.In the fourth part,the author puts forward new ideas about improving our country's death compensation system.These ideas include improving Tort Liability Law,integrating compensation system and prescribing the notion and the nature of compensation concisely;making principle of equality and balance of interest as guidelines of compensation for personal damages;defining the range of death compensation;seting up rational death compensation standards and citing compensation projects towards fixed compensation for value of life being and marginal compensation for value of life creation pursuant to theory of value of life.