| As a remedy system for civil infringement, death compensation system plays a significant role in the whole personal injury compensation system, for death compensation system bases on the deprivation of life which reflects the supreme dignity and value of human beings. Therefore, the infringement of life can be seen as the most serious civil infringement action. Thus, death compensation system, together with other compensation system, shall show the law's most caring for the victim and his/her closed kinsfolk and shall be distinguished from other common personal injury compensation system. China's death compensation system changes lots of times since the issue of General Principles of the Civil Law, but there is still not a unified regulation for the nature of death compensation, neither is there a reasonable explanation for the foundation of claim of death compensation and the scope of oblige, but most importantly, a unified and scientific calculation standard for death compensation hasn't been founded, which leads to much emotional misunderstanding of the current death compensation laws and regulations. Therefore, this thesis aims to clear up the basic theory and current legislation and reasonable evaluate the current death compensation system, it also points out the problems and defects of the current death compensation system and give some suggestions to perfect it. This thesis can be divided into the following main parts:Chapter one introduces the meaning and background of choosing this topic, as well as the research situation of death compensation system, both at home and abroad, the inspiration of these research for perfecting China's current death compensation system and the research methods of the thesis.Chapter two mainly illustrates the legal nature of death compensation, focusing on the argument of death compensation shall be the compensation for material damage or mental damage or the combination of both, this thesis points out that the legal nature of death compensation is decided by the legislative choice and under China's current legal system, death compensation shall not be seen as the compensation for mental damage, but material damage, i.e. the compensation for the expected income loss of the victim.Chapter three emphasizes on illustrating the foundation of the claim for death compensation and the scope of the oblige. This Chapter can be divided into two sections, section one focuses on the foundation of the claim for death compensation and thoroughly discusses and compares two basic theory of the foundation of the claim for death compensation, and then gives some suggestion for perfecting China's current system. Section two uses other countries'legislation for references and points out that scope of the obligee shall be the closed kinsfolk of the victim, and also give a clear definition for closed kinsfolk.Chapter four firstly discusses the basic theory of the calculation standard of death compensation, and then analyze China's current calculation standard and the query and criticism in legal practice. This thesis points out that the annual per capital income with a specific province(autonomous region, municipality directly under the Central Government). Finally, this thesis replies to the dispute over the issue "same life different prices"Chapter five reflects this thesis'thinking over article17of Tort Law of the People's Republic of China and analyzes the legislative reason, foundation theory and its advantages, as well as the premises and conditions, the problems that shall be paid attention to while applying it. |
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