Study On Nature Of Death Compensation

Death is our compensation system,"Tort Liability Act" is an important system in personal injury compensation system, also plays an important role. Death from our system of compensation and changes in the legislative history point of view, their experiences varied twists and turns, until now,"Tort Liability Act," introduced, also failed to completely solve the death compensation system problems. Especially, in the nature of compensation for death. Caused by the judiciary and theorists all of the controversy. Is currently the most controversial material damages and moral damages, said that, but with social development, compensation in the nature of death has also been found a new point of view. These emerging ideas and arguments, illustrates the nature of compensation for death we study is very necessary. Of study and resolve these issues in theory can continue to enrich and improve the content and system death compensation system, but also related to the protection of human rights, the judiciary is also related to the implementation of the law correctly to achieve the objective. Therefore it is necessary to study the nature of compensation for death. In this paper, the nature of both death compensation theory, analysis, including moral damages and material damages, said that after a variety of perspectives, including that in the nature of compensation for death in the process of recognition, face some difficult issues that hinder compensation for death of people correctly identified. Then analyzed and identified in a variety of factors, the proposed compensation for the death of the nature of our re-identified. Includes two aspects, the nature of judicial compensation for death and death compensation practice of the path should be the nature of the income compensation for property damages defined.The first part of the nature of death compensation to reflect both the theoretical point of view, the first death compensation system from the development of sources of starting a brief death compensation for moral damage compensation from the damages to the material development process. Secondly, were the "spirit of the damages that" the analysis and the "material damages that" the analysis. For "moral damage compensation, said," the analysis has practical benefits and death compensation for damages, said that the "material damages that" the analysis says there is loss of support, loss of inheritance damages, said that the interests and expectations.The second part of the nature of compensation for death identified problems encountered in the analysis and research, mainly related to three aspects, namely whether it is compensation for death compensation for the life of the deceased, and second, whether it is compensation for death the interests of the deceased can get the compensation, death compensation third is whether the spirit of solariums.Then the third part of the article on the nature of compensation for death was re-defined. The first is compensation for death to explore the nature of the judicial practice of the path, involving a different price to the same issue of the use of life and dependents living issues such as the use of two elements in the analysis of these two issues, will define the nature of compensation for death compensation for death is the nature of compensation for property loss of income compensation.