Research On The System Of Compensation For Death In China

Death compensation system as a form of protection of private law right to life,is a special legal system in China’s legal system. Death compensation system playsan important role in modern judicial practice. Although the system is involved in alot of legal provisions and judicial interpretations, but the lack of clear provisions ofthe uniform, in the Tort Liability Law of the People’s Republic of China Actpromulgated and implemented in2010, the corresponding provisions of the systemof compensation for death. However, for several core issues in the system ofcompensation for death, Such as: The nature of the death compensation, Standard ofcompensation, etc. still a lack of uniform and clearly defined. This makes the use ofdeath compensation system is still not out of the predicament before, in judicialpractice.This paper attempts to combined with several mainstream theories andperspectives on the nature of compensation for death, based on the current researchgiven the nature of the death compensation to be newly defined. Through the deathcompensation properties of new knowledge and understanding, re-interpretation therelevant law in the Tort Liability Law of the People’s Republic of China. To expectprovide a new perspective and point of view for unification of the deathcompensation system. At the same time, in view of the present our country legalsystem on the death compensation system defects and problems put forward a soundidea and wayThe academia of our country on the death compensation nature doctrine isdivided into material compensation and non material compensation.Within themaccording to different compensation standard is divided into several differenttheories. But overall look. there are some problems in each theory point of view So itis necessary for us re-defined the nature of the compensation for death, on the basisof this: clear death compensation includes not only compensation for materialdamage but also included for mental damage on the close relatives of victimcompensation, at the same time to determine the right subject of compensation for death.In the legal system of our country there are a lot of and compensation for deathrelated terms and judicial interpretation before the Tort Liability Law of the People’sRepublic of China. In the article the author comment on some of the significant legaland judicial interpretation of the provisions concerned. Then, in determining thedeath compensation includes compensation for material damage and spiritualdamage compensation cases. Interpretation of sixteenth, seventeenth, eighteenth,twenty-second in the Tort Liability Law of the People’s Republic of China Theredefinition the basis of claim right of death compensation in the Tort Liability Lawof the People’s Republic of China. Elaborated "the same life " should be" the sameprice" or not. Come to conclusion related terms in the judicial practice to be betterunderstanding and implement in the Tort Liability Law of the People’s Republic ofChina, in recognition of the death compensation under the premise of dual attribute.On the system of compensation for death due to the legal provision is many butnot the same and avoided some of the important issues,it makes that have someproblems and defects In China death compensation system. Include: lack ofcompensation for death related provisions the lack of specific computing standardson the amount of compensation for death, simple household to distinguish betweenpay as death compensation standard still exists. In view of the above mentioneddefects, the author put forward corresponding suggestions and ways, in order tomake the system of compensation for death in the judicial practice plays a moreimportant role and efficacy.