Research On Several Problems Of The Death Compensation

Our civil relatively late in the legislative process, and on the death compensation systemis there are many defects, precisely because of these defects, resulting in legislation exists onthe concept of using the chaos and the entire legal system is imperfect. Lack of deathcompensation system is mainly manifested in two major aspects: defining the nature of thedeath compensation blurred and calculate the standard unreasonable. For the death of thedefinition of the nature of compensation, the legislation does not clearly define theorists argue.Of death compensation is calculated standard is built on the basis of the urban-rural dualstructure as the main reference for the household registration However, with the continuousdevelopment of the socialist market economy with Chinese characteristics, in a period ofsocial transition, the level of urban-rural income gap was widening The trend, which led to aspecific judicial practice in the amount of compensation for death may appear worlds apart,but also precisely because of the case, the reasonableness of the current death compensationsystem has been questioned by all sectors of society, life-price dispute intensified. Properlydefine the nature of compensation for death, contribute to the perfection of the system ofcompensation for death, and thus of great theoretical significance of a comprehensiveframework for the civil law system. Death the perfection of the system of compensation at thesame time, help alleviate the judicial pressure, is the key to solve the problems of life-price.At home and abroad, many research results about death compensation system, but thenature of the compensation for the death of the most controversial. In most common lawcountries, the inherent damage that has been generally respected. Japan’s is more special,inheritance once Japanese academia through, but later said inherent damage gradually occupythe pass said status, but practitioners still in use inheritance say. China’slegislation on thenature of compensation for death and the legal basis has been evasive, practitionerscompensation for death, the nature of different opinions, it is difficult to form a conclusion.The main body of the article is roughly divided into four parts:The first part is an overview of the system of compensation for the death. Also dividedinto two parts: themeaning of death compensation and our death compensation legislationevolution. For the definition ofcompensation for death,"narrow" said, but it is different andthe traditional definition of the family membersof a deceased person’s mental damageincluded."Tort Liability Act" in the evolution of the system ofcompensation for the death of the legislation enacted into point-in-time, the legislation evolution is dividedinto two periods,segmented made a historical analysis of the evolution of the system of compensation fordeathcurve.The second part is the essence of the article, generally consisting of the doctrine of thenature of the deathcompensation, death compensation, defining the nature and summary of thethree sections. The doctrine of thenature of the compensation for death at home and abroad inthe first section briefly introduced, and the divergent views of the various doctrines causednormalization is inherited and inherent damage, followed byanalysis of the pros and cons ofthe two doctrines and from the current civil behavior The legitimacy of thecapacity theory ofexception provisions sought to inherit said. Section II of the nature of compensation fordeath,defined in this section, the author is based on the logic expand: the different doctrine forcompensationfor the death of fundamental differences is that "the right to life is theavailability of the Civil Law DirectRelief, so The author discusses the relief of the right to lifecan first, followed by defined from a doublevictim’s point of view on the nature ofcompensation for death. Part III focuses on the problem of compensation for deathcompensation items. The project is divided into twoparts based on double tort law relationship,I will be compensation for death compensation: compensation for theproject based on theoffender and the deceased, the compensation for the project based on the offender andthefamily of the deceased, and then subdivided into the material damage and the spiritcompensation for damages, and discusses the relationship between the covers in an attempt tosort out the the reasonable compensationitems listed in the death compensation project, thefinal compensation for death compensation project is dividedinto two parts: the damages thedeceased substances and of the family members of a deceased person mental damages.The fourth part focuses on the standard of the calculation of the compensation for thedeath. Material damage of the deceased can undoubtedly be quantified as the loss of years ofincome, the difference of compensation and fixed compensation on this part of the losscalculated theoretically, based on analysis of both the pros and cons, and combined with thespecific circumstances of the country at this stage, I calculation program–the average incomeof urban and rural residents within a certain area as calculated on the basis of a compromise.Damages for the family members of a deceased person’s spirit, I held and current legislationthe same point of view, at the discretion of the calculation method.This article uses research methods: historical research methods, examples, research methods, comparative research methods.Specific innovation of this research in three areas:(1) out of the framework of the currenttheory of civil conduct Comment inherent damage to say and inheritance that;(2) recognitionof the right to life of the civil law relief from the offender and the deceased, the offender andThe family members of a deceased person dual perspective of defining the nature of thecompensation for death;(3) compensation for the death of the items listed on two aspects: thedeceased’s material damages and the spirit of the survivors damages, which is different fromthe traditional compensation for the death of the items listed.