The Constitutional Reflection Upon "Different Compensation For The Same Death"

In recent years, many cases known as “different compensation for the same death”have attracted the public’s attention. In these cases, the Supreme Court’s Interpretation isgreatly questioned for adopting a dual death compensation standard between urban andrural areas. More attention is paid to the dispute on whether to adopt the same deathcompensation standard or not, since Tort Law was published. The equal protection on theright of life is the basic requirement of equality, as the right of life is the fundamental rightof citizens. The death compensation as the material compensation is a way to fight for thespirit of equality. In order to advocate the idea of the equality of the right of life, the authoranalyzes the constitutionality of China’s death compensation as well as the shortcomings inthe protection system of the right of life, through the constitutional study on concerningarticles in the two laws mentioned above. Under the idea of equal protection on the right oflife, the author also tries to build an equal protection system for life dignity compensationand mental damage compensation, and a reasonable compensation system based on theexpected income of the deceased, hoping to build up a more ideal death compensationsystem and realize the equal protection on the right of life.