Death Compensation System Research

Compensation for death is not only the focus of attention in academia andpractitioners, but also one of the hot topics of public opinion. Current laws,administrative rules and regulations, judicial interpretation for the judicial practiceprovide many comprehensive provisions in dealing with death compensation cases, butthere are still many shortcomings. For example, there is a different understandings ofthe nature of compensation for death, the scope of compensation and calculationstandards, which causes widespread social controversy and great difficulties to thejudicial work. The article starts from the classic cases, analyzes the nature ofcompensation for death, combs the legislative status quo of China’s death compensationsystem, and provides some advice to improve China’s death compensation system. Thearticle defines the nature of compensation for death for the loss of inheritance. It thinksthe scope of compensation for death includes related property damage, compensationfor death and the mental damage. In many calculation modes of compensation for death,limited and individualized calculation mode of compensation for death is the mostscientific and reasonable.