Legal Analysis On Death Compensation Allocation Dispute

Zhou v. Wang, Liu, Wang A death compensation allocation dispute is a typical case of people’s livelihood, which is also the focus of controversy representative, mainly for three death compensation law property right subject, allocation rules. Because death compensation related legislation exists unclear legal property rights subject blur, omission,deletion, and many other issues allocation rules, leading to long-term theorists contend,judicial practices vary embarrassment. In order to properly resolve disputes similar to the case of the practice, it is necessary to death compensation related to re-examine the system.Death is not the spirit of solatium compensation nor the compensation to victims the value of life itself, but for the interests of victims escaping compensation, belong to the material compensation for damage, and has a "quasi-heritage" property. Death compensation of rights holders and should be limited to the necessary expansion of the rights of the subject,including family members living together with the victim, the victim alive creditors, the country people and the special circumstances under actual dependents. Distribution death compensation should not be simply a mechanical reference applicable estate allocation rules or apply directly estate allocation rules, but should follow the "public order and good morals," the principle of allocation, the payment for dependents living expenses, debt repayment basis victim lifetime of the above, maximize the care of the family of the victim,the victim close to "good intention."...