Research On Nature Of Death Compensation

A long time, there are many contradictions and disunity in the legal system of China’s death compensation. Although many laws、administrative regulations have stated the compensation for death, but many legal provisions conflict with each other."Compensation for personal injury judicial explanation",which is made by The Supreme People’s Court, is accused by all people because it made a different treat between the urban household registration and the rural household registration; the introduction of the Tort Liability Act also failed to end the confusion. Whether the same life should be the same compensation;how to deal with death compensation from one’who has no successor;whether the death compensation can be treated as the estate.these problems caused intense discussion by the social people and legal circles. The reason is due to the nature of compensation for death can not be clearly defined by legislation and jurisprudence. This paper mainly divided into four parts:by describing death compensation’s legislative developments,I analysis the current status and the shortcoming of death compensation’s legal system, and then from a legal perspective I elaborate three logical level:what the death compensation is,what and who it pay for.On the basis of the answer to the difficult problem, this paper makes some improvement recommendations on China’s death compensation legal system.The first part discusses the overview of the compensation for death and the legislative development in China.First it makes an overview of the legal system of compensation for death and defines the definition and connotation of the death compensation.Followed by combing the legislative evolution of the current legal system of compensation for death, this part evaluates the legislation of the different periods.The second part analyzes the main body and the nature of the compensation for death. First, this part analyzes the different theories of the nature of compensation for death, and evaluates the advantages and disadvantages of the doctrine. Followed by because of the different type, this part discuss the main body of the death compensation. The third part does a research on problems in the judicial practice. Combined with the analysis of the first two parts I give them an answer:First of all, the same life should not be the same compensation. Secondly, death compensation from one’ who has no successor can be requested by the special institution. Finally, compensation for death should not be treated as estate.The fourth section summarizes the problems of China’s death compensation system.and combined with the full-text, this part proposes some countermeasures. First, improve the legislation and clarify the legal position and applicable. Secondly, clear the death compensation’s subject. Again dependent’s living expenses must be formulate in the law. Finally, allow the deceased’s personal injury compensation debt creditors to require partial compensation from the infringer.