Research On Compensation For Death In The Road Traffic Accidents Tort

It is known to all that the criterion and the method to calculate death indemnity inthe road traffic accidents tort is the focus of dispute in jurisprudential circle as well asthe academic puzzle of judicial practice. The main reason is because it’s nature is stillnot reach a consensus by judicial circles. At the same time, the road traffic accidentshas the characteristics as “the complexity of the situation, the implication of thesubject and the diversity of the object”, the current measure take the census register asthe watershed, the gap of compensation between rural area and urban area is huge.while the death indemnity is one of the main proportion of the total compensation,therefore, it decide the number of compensation to the victim. decide the rationalityand validity of the judgement as well as the manifestation of the fair and justice directly.The thesis starts with the study of theoretical foundation of death indemnity.including three mainstream views, after that，lead to the author’s point of view. Thenuncover the reasons why the current calculate measure diversified and intensified. Thereasons can be concluded as: The economical gap between the rural area and urbanarea, the problems left by history. while the process of urbanization and integrationbecome the blasting fuse to many problems. Finally, the thesis gives suggestion aboutthe measure and method to calculate death indemnity of the road traffic accidents tort.