Research On Civil Legal Problems Of Death Compensation

With the development of society and the increasingly complicated socialrelationships, the death compensation disputes caused by various reasons areextremely frequent and folk controversies caused by different judgment are veryintense. All of this shows compensation system for personal damages in China is in amess and imperfect, which can’t in practice really protect the legal interests of oblige.The weak social efficiency of legal system is mainly reliable on its morbidity. Wecan know about some death accidents through newspaper, media, network resource,which we want to avoid seeing every day and the number is so shocking. Whereasthe appearance of the problems is a reflection that it is essential that we shouldproperly do with personal damages cases, fairly treat the legal interest of oblige,prevent the vicious death accidents via multiple legal mechanisms, social mechanism,thus leaving the people with a harmonious, calm, comfortable and safe socialsurroundings.The thesis will be separately stated under the following logical structures tosolve the problems.First, briefly summarize death compensation. Among it, define the deathcompensation and analyze the basic principles based on the practice. Based onanalyzing various viewpoints from academic circles, definitely point out death hererefers to death caused by external factors and death legally announced, which laysbase for further analyzing legal relation of death compensation. Second, analyzelegal relations of death compensation and the existing problems in present lawsabout death compensation, emphatically state its imperfection. Last, put forwardsome feasible perfecting advices on death compensation. First, it is about legallyperfection suggestion.Scientifically define property of death compensationcombining with practice to further establish its reasonable compensation scope andstandards. Heckle the system of death compensation between civil laws andadministration regulation and establish its general principles via the statement ofthree typical overlapping liabilities. Secondly, it is the perfecting advices on the regime. One is to perfect the supervising mechanism of death compensation. Aimingat spectacular situations, apply to punitive compensation mechanism to intensify thesanction to the trespasser, evoking trespasser and the whole of society’s same respectfor civil laws as criminal laws and adequately respect others’ rights of subsistence.The other is to establish solving mechanism of multiple channels. The complicatedsocial relationship needs multiple legal mechanisms to protect damaged anddestroyed legal relations, thus ensuring legal interest of oblige and holding societytogether.