Legal Problem Of Death Indemnity

The right to life is the most important and basic right to a natural person,which is the foundation for the citizen to enjoy other rights.It is the most serious bodily infringement to make someone to death.A fair and rational death compensation system is not only beneficial to compensate for the social relations which was harmed by the victim to death, but also advantageous to the protection to life. As the main contents of death compensation system,death indemnity is especially important to this target. But judging from the current regulation, it exists many defects and leaks. Based on the existing system of clarifying the disputes about the death indemnity, this article will widely investgate this question, in order to perfect our relative legislative theory and the judicial practice.First, based on the inspection to the theory development and system evolution of the death indemnity, the author clears about the nature of death indemnity without the destruction of the current authority and judicial order.In this article, death indemity is not paid to the dead,but to the person who has special relationship with the dead.Look back to our country related legal system,the lawmakers picked two main said,including "the nurture loses said" and "the inherits loses said".The tort liability law might regard as return to the traditional theory "the inherits loses said". Anyhow, death indemity is party causing an injury pay a certain amount money to victim'near relatives when natural person'right of life receives the illegal violation that causing the damage of life itself and future income loss.Next,by the investgation of the scope of the person has the requesting right, defining the support and close relatives'connotation and scope.Most of them are the same, at the same time because of tort liability law regard the close relatives as the only person has the requesting right. In addition, the concepts and scope of the close relatives was broken,so the close relatives was interpreted to contain the support. the author pays more attention to deal with the necessity and priority of the civil affairs department to ask for compensation under the absence of the victim'near relatives.It is helpful for lawmakers and judges to make scientific decision.Finally, after analyzing the nature and the advantages of the fixed quantity compensation pattern and the individual compensation pattern,the author examined the consideration factors of the death indemnity, including household register, the nationality, the region, the age, the income level, the profession, the identical abuse of authority caused the multi-people to die and so on, finally considering the age and income level is the main factors to determine the amount of compensation for death. Smultaneously, in order to protect the minority groups' rghts and interests,it should stipulate the lowest death indemnity. the lowest death indemnity, namely the previous year per capita national income level was multiplied by ten.The compensation according to other standard computation is lower than this amount,should take this amount as the standard.The judge should consider many factors,including whether the plaintiff did request, whether it easy to calculate and so on,when he decides to take the same amount of death indemnity paid to the close relatives.At the same time, he must balance the benefit between both parties.