The New Exploration Of The Death Compensation System-the Value Of Life And The Justice Of Law

The right of life is the basic right of people，which is also the greatest personality interest.However, life is irreversible, once lost, it can not be retrieved. It is impossible to make thecompensation via money. Therefore，how to design a good legal system to protect the life ofpeople, to comfort the relatives of victims, and to maintain the order of the society is animportant problem, which is also the great concern to public.Based on the legal principles of death compensation system, the author analyzes the legalremedies against the violation of life, the nature and the content of death compensation. It alsopoints out that the death compensation contains two parts, which are the property damages andthe mental damages. Then author analyzes the equal rights and reasonable difference in the deathcompensation, and gets a conclusion that the death compensation is not to compensate the priceof life, so it is impossible to achieve fully equal compensation for each victim. The tort lawallows a reasonable difference in the amounts of death compensations. The key point is we musthave a fair and reasonable standard for death compensation. In the next part, based on thelegislation of China, author analyses the existing problems in the current death compensationsystem, and explains the considerable phenomenon that the public concern most. Then authordoes the research of the subject and the scope of the death compensation in depth, and makessome recommendations to consummate the death compensation in the legislation and practiceaspects.