The Discussion About The Fundamental Rights Of Provisions Applied In Private Law

Abstract:The fundamental rights is the core and the basic value,which is people’s dignity right,is the guiding principles on the activities of all state organs, is basic criteria to judge the whether reasonable, legitimate or fairly of all the behavior in a country. The problem of death compensation which is reconstructed in article17of Tort of Liability Law aims to protect dignity on equal right. There is a wide room for discretion about death compensation in legislation. Discussion on "equal life equal price " and "equal life unequal price ", the judiciary determine both interests and values which rise to apply of basic constitutional rights in private law. On the one hand, average concept of equality is our traditional value which spur on tireless of pursuit of equality in death compensation. On the other hand, terminal value of death compensation is "maintain standards of living " which means full relief of property; the party who accept or burden the compensation need to be protected rights of living rise the applied of basic rights in private law. There is conflict of fundamental rights in death compensation. It is a scale engineering of justice. In administration of justice, Judges as representatives of the public authority have obligation to protect fundamental rights during dealing with the conflict and co-opetition with method to make the fundamental rights of the spirit into the specific trial. In our current decentralized system, constitutional interpretation as a method of legal interpretation is the path of applying of fundamental in private law. Unequal death compensation contrary to "bonos mores" which is the window that the value of fundamental rights can project to private law. On the broad terms of the private value of the filling, the purpose of the prevention that the value of death compensation contrary to other basic rights of value.