The Same Tort Compensation Problem Caused Many People Death

Life is the human being the primary premise; it is all the rights andobligations of the carrier. Life cans not reduction, collects andrequisition. Tort liability law is an infringement of sanctions,and thetort injury consequence to relief law，namely method words,will have theright to relief,or exist in name only.Tort liability law is relief forinfringement of the right method,for the protection of the right to lifeshould be bear the brunt,because of the right of life is the tallest ofall rights,other civil rights are the right of life as the foundation,noright to life and other rights are all gone.Tort liability law in orderto realize social corrective justice as the basic purpose,it through theinfringement of the rights and remedial way to restore the illegal actdisturbed undisturbed. But, when life is infringed upon correctivejustice rely on disappear, restore to the original purpose also unableto realize, the function of the tort liability will fall to theground.because of the right of life not evaluate the uniqueness and sexualcharacteristics, countries of tort law violations of the right to lifeof the death compensation system research and legislation. Most counties are provisions: when the victim dies to the infringement, the relatives or other related people have requirements to the rightsof knowing the compensation for damages; this is a matter of generalconcern of the tort law. In the common law countries, the right to applyfor compensation for the never is confirmed; In Europe and United statesmainland countries, this is also a kind of universally recognized rights.Death compensation since has been the affirmation of the countries, so,how to accompany became a real problem. Regarding China, in the rural areasand two yean change pattern, the census register under the influencefactors of death compensation difference has been much attention from allwalks of life.Our county the original law: Sixty years old of death (including sixtyyears old), in twenty years calculation; Death more than sixty years old,every year more death damages compensation life minus1years, but overthe age of75, all for5years; Annual compensation amount of agriculturalcensus register in accordance with the local farmer per capita income ofprevious year, the town census register according local urban residentsreceive a year of disposable income calculation. China’s per capitaincome has two standards: urban per capita disposable income and ruraldisposable income. The compensation of the two standards is based on theper capita income of two standards. In other words, Legislative andjudicial organs according to the corresponding identity and take the seatis accord with the situation of china. But our county on July1,2012ofthe tort liability law comes to break the pattern.To fix this embarrassing situation, this article through to tai Zhoubus company traffic accident case analysis, in addition, the life ofcontent and basic characteristics, death compensation claim foundationand death compensation nature of the study and the tort liability lawarticle17analysis. Draw, tort liability law article17cannot solve death compensation system of the internal contradictions of theconclusion. Thus, in the combination of case analysis and theoreticalresearch in our county’s legislation and judicial put forward thecorresponding.