On The System Of The Compensation For Death

The right to life as one of the most basic rights, citizens have the right to all the other is the basis and premise. The right to life once it is infringed never recover. Therefore, infringed other people’s right of life is one of the most serious infringement. Science fair tort compensation system of death is able to protect the lawful rights and interests of the civil subject, make clear the tort liability, and can prevent the happening of the infringement, in order to maintain the harmony and stability of the society. Dead compensation system as the tort death compensation system core part, after20years of development, has already been determined its basic structure system. But, for dead compensation what belongs to the nature of the compensation on earth, it’s compensation object is who, compensation standards should be how to calculate, distribution, and how should its and should people living and the dead near relatives spiritual damage compensation is the relationship between the legislation in our country has always been not a unified regulation, especially the dead compensation standard for compensation problem has been more from the public by scholars and experts of the common challenge, this not only caused the applicable law for difficulty, but also affects the Chinese judicial ruling of the unity and authority.The tort liability law "come on stage to end our country at present the tort liability law regulating show more scattered field even conflict situation will play an important role. But the tort liability law "death compensation for infringement on the question of the many doubt and not a clear regulation, and also brought some new problems. For instance, the tort liability law "delete" should people living "the compensation program, but, the supreme people’s court on<for tort liability law of the People’s Republic of> several issues the notice of law is sent [2010] no.23) and regulations will be bring up person living expenses included in the dead compensation, make should people living and dead compensation problem of the relationship between the blurred. And the provisions of article17of the conditions "a case with many die life, pricing and the understanding of the problems are worth the discussion and study.This article from the dead compensation system of paper, through the survey of the domestic and international death compensation system and the development of our country at present the dead compensation of legislation and judicial system present situation, pointed out that our country at present dead compensation system of some problems existing in our country and the focus of the implementation of the new with the tort liability law and law is sent [2010] no.23judicial explanation of the provisions of the analysis, the dead compensation for sure is to dead close relatives’property damage compensation, it contains the should people living cost compensation, should people no longer living expenses as separate compensation programs exist. It and the dead near relatives spiritual damage compensation and other related property together constitute the tort death compensation system of the compensation for each project. In the main claim, the dead near relatives of the dead compensation legal claim to enjoy, and close relatives of the understanding of the concept should not be confined to the provisions of the relevant laws, but should be broad understanding, that is, as long as it is with the deceased shape the common economic dependence relationship and depend on the deceased should the person that can be as close relatives of the dead and the identity of the person should request to pay should people living expenses. In the absence of close relatives circumstances, can the empowerment and social public interests on behalf of the state of the procuratorial organs, represented by the state and public interests of the procuratorial organs to exercise the right of claim dead compensation for damages to death can charity of special of public institutions for public welfare. When the dead close relatives to appear, also gives the dead time limit close relatives of the claim for return. In the compensation standard, pushing for the elimination of the inequality of our country at present the household standard, take limited individual compensation principle, that is, the amount of compensation for death compensation should fully consider the deceased income status, age, the future development potential factors, executes balance the way for compensation. In the specific calculation, advocated by the deceased’s income and may the years of labor for determining the dead compensation compensation amount main basis. In division dead compensation, stood for the dead spouses, parents and children as the first order claim to the person, other close relatives claim as the second order. Only in the first in order of no request situation, before the other relatives to death compensation claims for damages. At the same time, because of should people be dead compensation living expenses covered, for protection should person interest, people should be raised as the first order claim people filed a lawsuit and distribution, and will bring up person living expenses according to certain standards from the death of the first total damages separation, the remaining part again by close relative consultation distribution, do not talk things over, again with distribution of the main body of the economy, and the deceased relationship with the degree of intimacy and reasonable factors for the principle for distribution.