The Research Of Several Legal Problems For Chinese Death Compensation System

In recent years, the legal issues related to the death of tort compensation system have been concerned in our country. Therefore, the relevant laws, regulations and judicial interpretations of death and so on tort compensation system has continuously improved. However, following problems encountered in the process of improving the system. If the provisions of the relevant legal documents can not be unified and there is conflicting nature of compensation for death without a clear definition of the scope of compensation, compensation standards and other provisions will blurred. These problems not only become a problem that must be addressed in legislation the technical level, but also at the same time and even set off a storm of public opinion in the political field of "Life with price" in social life. It extended out to explore deeper on the application of the principle of fairness and justice, social value orientation, the effect of the implementation of the law and other issues. So combing new understanding of death compensation system, defying the nature of compensation for death and clearing the scope of compensation and standards have been of great necessary. In this trend, this article will sort out death compensation system by the relevant provisions of the related theoretical exploration and analyze specific judicial practice operability. Based on China’s actual conditions at the same time, learning from foreign experience,I will address the problem raised their recommended to identify more in line with the direction of tort perfect death compensation system. This paper is divided into four parts:The first part mainly grasp the concepts of death Tort Liability and compensation system, features and content from the macro. Combing through the analysis of existing laws and regulations, we can found the relevant issues, namely come out of the three big problems need to be solved about the infringement of the right of death compensation subject, the range of compensation and criteria to determine compensation.The second part is about the main body of tort compensation for death, which is to discuss the question of who as the right to claim compensation. The article will analyze "inherited" and "inherent" this two theories about death compensation subject in detail, and comb the theory of our country’s legislation to find out somewhere reasonable or unreasonable. It is concluded this paper’s point that death compensation is due to the infringement to the relatives of the relatives of the deceased related mental losses and property losses caused by the compensation instead of life to the dead itself price compensation. In determining the close relative’s death compensation subject,a clear concept of close relatives should understand in which range at the same time, is the comfort of real victims.The third part is to define the content of death compensation, namely death compensation is a question of what kind of compensation to the relatives of the deceased. To clarify the issue firstly should compare "mental compensation" and "nonvolatile interests saying", based on the civil law spirit that damage is the compensation, determine the infringement brought relatives of the deceased mentally and damage to property on the double, therefore the content should include the two content to pay compensation. Second, analysis two different nature of the compensation should be separate item from the aspect of legislation and to protect the victim’s. Finally, after clearing the relationship, deeply discuss the relationship of compensation for mental damage claim problem and make an integral conclusion related to compensation for death.The fourth part is about the amount of death compensation for infringement, which is about how to compensate, how much to compensate. I found that there is no uniform standard compensation for death regulation referring to the legislative documents. After the induction,it can be found that the factors influencing compensation includes regional, age, residence and the like. Calculation mode of theory also have the "balance compensation" and "quota compensation said". These problems not only involves the legislative level, but also a social concern "whether the same fate has the same price" sensitive issues. This paper argues that the problem should be based on two principles of equality and benefit balance and specific to the different nature of the compensation to solve. On this basis, compensation for property damages should be different. The reason is that the individual in society, the wealth created different if compensation in accordance with uniform standards will inevitably lead to injustice, so that the interests can not be balanced. Therefore, this paper argues that the compensation mode which combined Balance compensation with Fixed compensation should be taken. In order to reduce the variations from property damage, this compensation takes a unified and higher standard in spiritual damage.However, in order to ensure that the essence of the fair, it should formulate appropriate death compensation standards according to actual situation of the victim.