Research On The Nature And Calculation Standard Of Death Compensation Award

Death compensation award has been a concern legal issue in our country, and it’s been provided in laws, regulations and judicial interpretations. But there are many contradictions and loopholes in these legal documents. The nature and the calculation standard of the death compensation award are not clear, which causes a lot of predicament in practice. In the first of this article, this article analyse the nature of death compensation award based on our judicial practice, and then reasoning the reasonable calculation standard of death compensation award. Based on the judicial practice of China, this article analyses the nature of the death compensation award and comes up with the due standard to confirm the death compensation award. After this, this article also brings up some legal proposals to build one rational death compensation system. There are four parts in this article.Chapter One defines the concept of death compensation award at first, and then points out the problems about death compensation award in the relevent legal documents. Chapter Two analyses the nature of death compensation award, and elaborates the related theories of death compensation award, and then brings up a comparison between those theories and the legislation in China. Finally, this article puts forward the view that death compensation award is not compensation for life or moral damages, but compensation for the loss of the relatives related to the victims. Chapter Three examines the elements which affect the calculation standard of death compensation, and then points out that the standard of death compensation should be based on the income of the victims. Meanwhile, it should be adjust in accordance with the balance of interests to make an appropriate adjustment to achieve the best social effects. Chapter Four puts forward some suggestions on improvement of the system of death compensation in our country, such as to improve special law, to establish a unified calculation standard in special industries and fields to compensate the family of the deceased in time. Meanwhile, death compensation award should not be the only way to compensate the death of the victim. It’s necessary to improve insurance system and security system to reduce the lawsuit caused by infringement of the victim’s inalienable right to life.