Research On The Legal Problems Of The Death Indemnity System

Death indemnity system usually refers to death indemnity under theexisting legal system of one country, the main body of the claim,compensation range, the calculated distribution of a series of provisions,collectively, as a civil legal remedy system, it is a personal injury animportant part of the compensation system. In our country, death indemnitysystem is the compensation of specific for death as a lawless cause fordeath, to be confirmed in a number of laws, regulations and judicialinterpretations.Before the announcement and the implementation of the People’sRepublic of China on the Tort Liability Act "(hereinafter referred to as the"Tort Liability Act "), a variety of normative documents the lack of clearprovisions for compensation for death of the main body of the claim, thescope of compensation, distribution methods, the calculation ofcompensation for death, showing a variety of standard, resulting intheoretical circles of views on relevant issues, dispute over, and alsoproduced many outstanding problems in the judicial practice.With the introduction of the "Tort Law", China’s death indemnitysystem has been further improved, but some of the specific content is stillrelatively vague, leading to debate on related issues not only failed to stop,but to be getting worse. The handling of the recent "Wen Yong EMUaccident compensation case and the other has a strong social impact ofpersonal injury compensation case, lead to the" life with the price ofdifferent "Thinking the same time, reignite the theoretical circles and legalpractitioners to examine the system of compensation for death. Combineddeath indemnity claims the main scene to determine the problems, compensation for death is a criminal with civil cases, the scope ofcompensation considerable controversy, death indemnity to calculate thestandard diversification and differentiation is being questioned a series ofpractical problems continue to plague the Legal Practice sector, and thusthe system further aroused people’s attention.Compensation system to further improve the in-depth study based ondeath, not only the development of tort law in China has an extremelyimportant theoretical significance and practical significance to fully protectthe right to life, highlighting the law fair and equitable.In this paper, to study the system of compensation for death, and strive tothe death benefit, in theory, the causal relationship of the gold legal claimssubject, the scope of compensation and compensation standards to beclearance, to the greatest extent close to the pursuit of justice and made aperfect China’s death a few suggestions to help China’s death indemnitysystem to improve the compensation system.The paper is divided into three parts, introduction, body andconclusion of which the body consists of four chapters.The first chapter is an overview of the death indemnity system. Thechapter first defines the concept of compensation for death and deathindemnity system, and then described the characteristics of compensationfor death and compensation for death and the concept, and finally a briefintroduction to the historical evolution of Chinese and foreign deathindemnity system, the aim is show on the basis of clearly related to theconcept of death indemnity system development trajectory, good theorypave the way for the exposition of the article.The second chapter is China’s death indemnity system, the status quoand lead to the outstanding problems in the judicial practice. The chapterbegins with the overview of China’s death indemnity legislation issummarized and comb, and then shows the status and shortcomings ofChina’s current system of compensation for death, as well as arising fromjudicial practice outstanding problems.The third chapter is speculation on the jurisprudence of the deathindemnity system. The system of compensation for death from theperspective of the civil law legal speculation, constantly asking the main line to the compensation system value considerations of death as a startingpoint, Chief Comment on other relevant doctrine and compensation modelbased on the obtained I the position of choice.The fourth chapter is a few suggestions on improving the system of China’sdeath indemnity. The Chapter of death indemnity system, the status quoand the analysis of problems in the foreign death indemnity system hasadvanced experience on the basis of the control problems in the currentdeath indemnity system, and propose appropriate suggestions forimprovement.