On The Death Of Tort Compensation System

Death compensation system is a system of compensation for death key elements of the system itself, but there are still many problems, the death of tort compensation system problems are more prominent. Who is the right man to compensate for and how to compensate in tort compensation for the death? What is the nature of Compensation for death? This is not clearly defined in the death of our current compensation systemin, and it caused a heated debate in the academia and social media circles, and so far are inconclusive. Compensation for death, what is the nature of a direct impact on the calculation of the standard compensation for death, claims related to the contents of the body, etc., so that death compensation system in the judicial practice into embarrassing territory. Only now clear tort compensation for the death of any person is, what kind of damages, we can calculate its standard content such claims subject to lawful, reasonable and workable provisions to ensure the effective operation of the legal systemChapter3discusses the full text of:Chapter1, detailing the death of tort compensation system in history and current status, as well as in the legislative and judicial practice problems. Since ancient times, China’s not the lack of compensation for death aspects of the relevant provisions, but the provisions regarding compensation for death scattered distribution is not as a separate regime requirements in the existing laws and regulations. Various legal norms on the nature of compensation for death, name, calculate the standard, claims and other content main provisions of each are not identical, and even there are some contradictions. Legal norms are not uniform and led directly to the plight of judicial practice, for example:"the same fate with the same price or not" controversy, whether as compensation for death compensation,’hit disabled people more advantageous than killed people.", rights difficult when no close relatives of victims. It can be said that China’ s death tort compensation system in legislation and judicial practice in the above-mentioned problems, the fundamental reason lies in the nature of compensation for death is not clear.Chapter2, details and comments about the nature of compensation for death all kinds of theories. About tort in the nature of compensation for death doctrine can be roughly divided into two types: The first type of doctrine is based survivor said, is the traditional doctrine and mainstream doctrine, which says a close relative of the deceased for the protection of the object, but the compensation for the near relatives of the deceased loss of interest is different, Such as the theory of inheritance loss, the theory of dependents loss, part of that the theory of compensation for moral damage, and the theory of maintain a certain level of material life; The second type of doctrine is based, said the deceased was a new doctrine, and it say that the deceased was protected objects, compensation for the deceased’s right to life, such as the theory of punitive damages and another part of that the theory of compensation for moral damage. The essential difference between the two is that protect the rights and interests of the object and the compensation is different, Based on our deaths in tort damages system in legislation and the problems existing in the judicial practice, As well as the advantages and disadvantages of existing theories, The author puts forward, Tort refers to the compensation of death, In the tortfeasor implementation of infringement by the infringer to death, By the tortfeasor or obligor to compensation in the form of money, to the party the right to life itself bear tort liability to pay compensation, The compensation object is the dead himself, At the same time, the necessity of civil compensation for the dead of the right to life, the feasibility and significance are discussed.Chapter3, on the basis of defining the nature of the death penalty, Died in the civil tort compensation for the responsibility of the elements, calculation standards, main content such as design and idea, In order to ensure legal and valid operation of death compensation system, For death compensation cases before the court to provide clear and specific basis. Death penalty is causing death by the tortfeasor or tort in the form of money damages obligor to compensation shall bear tort liability, Is the compensation of the right to life, to remember the dead, Compensation objects are dead themselves. Death compensation on the basis of national average wage worker of the year, Calculated at20years, Due to his intentional misconduct or gross negligence of life of other people, the court can be in accordance with the provisions in the preceding paragraph outside judgment standard to determine the sum of compensation obligor to pay no more than twice as compensation for death of punitive damages. The victim has fault on the occurrence of injury consequence, Can be in accordance with the degree of the victim’s fault, mitigated punishment or be exempted from liabilities of the obligor to compensation. In tort cause death, death compensation claims for the victim’s heir, heirs according to the scope of "inheritance law" regulation. The victim as such no successor for vagrants and beggars, or unable to determine its successor, the death compensation claims for infringement to aid station. Death compensation and the cost of living expenses shall, in accordance with the provisions of equal, calculate, Stipulated by the spouse living at the same time according to the actual number of final compensation, if is not the spouse, do not need pay for it. By the court according to the negotiation of the parties or apply in his ruling, the installment payment of compensation for death, for sure, to alleviate the burden of compensation obligor.