Of Death Compensation Laws Apply

The problem of Death Compensation Funds has been much civil academic and society concerns. In the law of application of Death Compensation Funds, some problem still need to be researched and discussed commonly by academics and practice, because they have higher value in theory and significance in practice. The thesis will discuss on some problem in the course of law application of Death Compensation Funds. There are some problem, such as concept, character, applicable elements and applicable difficulties.The first chapter of the thesis will generally discuss the concept and character of Death Compensation Funds.As a peculiar concept in legislation of our country, "Death Compensation Funds" experienced a evolution process from "Pension Subsidies" to "Death Compensation Expense" to "Death Compensation Funds". In 1994, Law of the PRC on the Protection of the Rights and Interests of Consumers, the concept "Death Compensation Funds" was used and it also was firstly and clearly used in legislation of our country. The Article 42 of the law explicitly stipulated that:"A business operator that causes the death of a consumer or other party in providing a commodity or a service shall pay expenses such as funeral costs, death compensation funds and the living expenses necessary for the persons that depended on the victim while alive. Where a criminal offence is constituted, criminal liability shall be pursued in accordance with the law. "There is a dispute on the character of Death Compensation Funds, it is that the nature of Death Compensation Funds is property damages or spiritual damages. This problem will be explained in the third chapter of the thesis, and it will account for the basis and rationality of the conclusion that the nature of Death Compensation Funds should be confined property damages.In the second chapter of the thesis, it will discuss the general elements of judicial application of Death Compensation Funds. On the applicable elements of Death Compensation Funds, the thesis will respectively discuss from three aspects--subject of application, subjective factor of application and behaviour factor of application.The third chapter as the final part of the thesis, will discuss the problem that difficulties in the canonical application of Death Compensation Funds. There are three difficulties----the problem in application of the provision of Article 17 in the Law of the PRC on Tort Liability, how to confirm the calculation standard of Death Compensation Funds----will be mainly discussed in this chapter.