Research On The Compensation System For Spiritual Damages Of Infringement To Death

Being an important part of death compensation system, death compensation for mental injury is defined to that perpetrators’tort of other people’s right of living should be forced to take the compensation resposibility for the victims’psychological distress and damage.To complete the system of death compensation for mental injury, people in china have been working on a lot. But the result still alawys turn out to be dispointed. Before The Law of Tort Lability was published and put into force, there are numerous and complicated laws and regulations about death compensation for mental, as well as the ways of compensation are different, which will cause quite a lot confusion to the administration of justice and go against to the law’s unfication. So in my oppinion, the22th Artical of the new published Law of Tort Liability can be regarded as the basic legal basis. Since its regulation seems to be simple and exists lots of shortcomings, it is not suitable for practice application. With the reseach of our existing regulation on death compensation for metal injury and compared it with foriegn similar regulation, there found to be lots of shortcomings in the regime of infringed death compensation for mental injury:the property of compensation for death has not been defined:the range of compensation abligee has been relativety narrow; the main position of the death’s colsely friends right has been neglected; the system is disorder; the rule in the Specail Law is different from the Basic Law; The judicial interpretation expanded the content of the explains the law; Criminal cases exclude mental damages. Nowadays, countries around the world are in the trend of heavily emphasized publicing human rights, while our system of death compensation for metal damage exsits so much weakness, that real a big pity. So it is ungently for us to complete this system.During the construction of our Civil Law, we should focus on several aspects to improve our compensation regime for death mental injury, such as explicit the different nature between death compensation and death compensation for metal injury; abolish the regulations about death compensation among criminal law, spcific law, and the justice; investigate and affix the responsibility for the tort of civil right according to the Law of Tort Liability; expend the obligee’s compensation range properly, formulate a independent legal regime of death compensation for mental injury, make a clear compensation standard and computing method, formulate a reference list, expend the range of the right to claim and establish vairous compensation ways.