On The Death Compensation

In light of Tort Law implemented in2010, the form of compensation for damage of life tort is established at the core of compensation for death. However, this form has not deeply explain the essence and standard of compensation for death and the relationship between life expenses of supports and compensation. The current laws and regulations are prone to be supported by some theories in order to adapt to judicial practice. But assumptions and theories can be foundation by law. The essence of compensation for death is evolved from the standard that is built on current judicial interpretation and practice, but the results in double mix-up between legislation and theory. Two different standards in city and town arouse the question to life compensation, which is called "same lives with different values", and produce the appeal to "same lives with same values".Based on relevant legislation tied to compensation for death, this thesis focuses on three questions:weather right of life can be the reflection on rights and interests of compensation for death according to Law of Tort Liability; where is the base of claim right of compensation for death on Law of Tort Liability? Where should cultural essence of law and mutual base of the system of compensation for death be? This thesis reveals logical flaws and legal critiques of "loss of foster" and "loss of inheritance" about compensation for death in the situation of no-relatives or no-supporters. Through the definition and explanation of compensation for death and some techniques to cope with some problems related to system of right capability, joint track between compensation for death and protection of life right of victims is accomplished. In this thesis, compensation for death is qualitatively analyzed on the basis of "death damage" which defines compensation for death as damage compensation for life right of victims, and which explains that compensation for death can be regarded as consolation compensation of life tort and loss of property in the certain years. Then, this thesis picks up traditional civil law to selectively forget damage compensation by reflecting on legal personality from birth to death which is shown in system of right capability in traditional civil laws.The current single mode of death damage compensation makes people’s social value fuzzy. The difference between protection of life right in the regulation of law of tort liability and ethic appeal in the situation of reality neglects public comprehension unconsciously and dispels consistency of legal consciousness. Thus, dispelling conscious differences of legislation on compensation for death and reaching legislative agreement on death damage compensation depend on right interpretation on death compensation and philosophical foundation of law of tort liability. The system of compensation for death eventually relies on how laws face up with people and how people live harmoniously. This thesis establishes philosophical foundation of compensation for death based on humanity and life and infuses compensation for death with spiritual elements in order to accomplish integration and reconstruction of legal culture, which demonstrates dignity and spiritual independence of natural person as legal subject.