Research On System Of Compensation For Death

Since the enforcement of <general provisions of the civil law>,to the <tortliability law>, the basic structure of system of compensation for death has been builtup from the ground, getting more and more advanced and comprehensive. However,there are still some problems below out expectation, such as the confusion oflegislative system, inconsistent definition, inconformity of content incorporated,multiple compensation standards and different judicial judgment of similar casesunder different region, grade or courts. These problems are highly controversial to oursociety which results in people’s doubt to the justice and justifiability of the system ofcompensation for death. The fundamental reason of these problems is the ambiguityof the definition of the nature of compensation for death. As a result, we must confessthe drawbacks of the system, research the nature of the compensation for death andtry to develop the system.This article is divided into four partsThe first part makes the definition of the system of compensation for death,starting from the definition of compensation for death, analyzing the characteristics ofcompensation for death, and discussing the development of the system ofcompensation for death in primitive society, ancient society and modern society inchronological order, and illustrate the current situation of the legislation of thecompensation for death home and abroad.The second part summarizes the current condition and problems of the system of compensation for death in our country. In the beginning of this part, the authoroutlines legislative history of the system of compensation for death since china’sreform and opening up and analyzes the problems in legislative and judicial practice.The third party mainly defines the nature of compensation for death. The key tothe defective system is the ambiguity of definition of the nature of compensation fordeath. Analyzing and discussing the theories of the nature of compensation for death,the author advocates the lost profit in the theory of ’forfeiture of inheritance’, whichmeans compensating the expected profit caused by the death to the dead person’sclose relatives.The fourth part focuses on the suggestions to the deficiency of the system ofcompensation for death in legislative and judicial manner. First, to build a unifiedsystem to cope inconsistent standards and rules. Second, to set up new standard forcompensation to cope with the different judicial judgment of similar cases underdifferent region, grade or courts. Third. The introduce the punishment compensationstandards in the system to cope with the deliberate damages.