Thoughts On Death Compensation Standard In China

In the" PRC tort liability law" promulgate carry out, our country deathcompensation system has experienced from the" Republic of China" to the" SupremePeople’s Court on the civil right infringement spirit damage compensateresponsibility to explain a number of problems" to the" Supreme People’s Courton the trial of cases on compensation for personal injury applicable legalinterpretation" three big stages. Three stages of the legislation in thedefinition of death compensation properties when they conflict with each other,contradictory." Enjoy popular confidence" of the" PRC tort liability law" shouldcomply with the" public opinion", to settle disputes effect, but because its"mum", failed to clearly define the nature of compensation for death. This articleis based on this clue, qualitative method to quantitative principles, the firstanalysis of the death compensation character, again on the death compensationcalculation standard. This paper compares several legislative changes, figuredout the legislative intent, at the same time with the interpretation of eachlogical analysis. From what to how to compensate for the damages, from thespiritual damages to property damages, from the raising of loss when it comesto loss of inheritance, from the general calculation of standard to the exception,calculation standards, from "the same life price" to" the same life different price", finally to return to the nature of compensation for death, and deathcompensation in China adopt a " complete loss of inheritance" property attributename. General logic is from scratch, from neither fish nor fowl to bring orderout of chaos, to be right and proper.Besides the foreword, mainly includes the case introduction, casedifferences in opinion and controversies, results, conclusion of four parts.Preface: mainly includes the topics and research purposes, significance intheory and practice, research methods.The first part: presentation of a case. Introduction is mainly occur togetherin" the people’s Republic of China Law of tort liability on the basis of" priorto the implementation of" Supreme People’s Court on the trial of cases oncompensation for personal injury law applicable to certain problems with theinterpretation of" the provisions for compensation cases, leads to " the samelife different price" controversy. The facts of the case, including narrativecourt judgment.Part second: the case of disagreements and disputes. Includes "the samelife should be the same price" and "the same life should not be the same price"two opposing views. The third part: the conclusion of the study, as the core of the thesis. Mainlyinvolves the following five aspects:1, mental damages and compensation forproperty damage. According to the" PRC tort liability law" and" the SupremePeople’s Court on the trial of personal injury compensation case applicable legalinterpretation" both legislative logic of comparative analysis, the deathcompensation only for the property compensation.2," the loss of maintenance" and " loss of inheritance". Based on the two theories of comparative evaluation,combined with the" Republic of China"," the Supreme People’s Court on the trialof personal injury compensation case applicable legal interpretation" and" thepeople’s Republic of China tort law" three laws of comparative analysis, fromthe interpretation of cognizance our country mining thoroughly doctrine of "lossof inheritance". In3, our country death compensation standard. According tothe" PRC tort liability law of the people’s Republic of China"," StateCompensation Law"," the Supreme People’s Court on the trial of personal injurycompensation case applicable legal interpretation" three laws of logic analysis,the death compensation standard should return to the death compensation essence,reflected each individual life value"".4, determine the death compensation case.According to the" PRC tort liability law" seventeenth logical analysis, fromthe interpretation theory, draw special application and calculation standards.5, improve our death compensation calculation standard reflection. Through the death compensation clearly bring order out of chaos, death compensation ofproperty; based on the death compensation is the essential attribute of the deathcompensation in China, constructing the personalized calculation standard, andputs forward some practical suggestion.The fourth part: conclusion. Finally back to this case, presenting onlypersonalized death compensation standard is consistent with the calculation ofdamages for the death of nature,"the same life should not be the same price",in practice the difficulty the death compensation self denial of justification.