Study On The Legal System Of Death Compensation

Death compensation conceptually refers to a statutory payment requested by a person who has a close relationship with the deceased when he or she is killed by certain infringing behaviors of the person or thing that is in custody of the compensation obligor in person or under legal obligation.Its purpose is to protect the legitimate interests of the deceased's close relation.China's death compensation system started relatively late,until entered in twentieth Century,and then it had a greater development,However,there are many shortcomings in the death compensation system which is based on the damage of the near relatives of the deceased,and there have been many disputes and problems in the judicial practice,For example,the nature of the death compensation is not clear;and the subject of the claim is controversial,especially when the close relation of the deceased is absent;the standard of death compensation is not uniform and so on.The fundamental reason is that the nature of death compensation is not clear,which requires us to define the nature of death compensation,and then on the basis,clear the subject of the claim of death compensation,and unify the calculation standard for the death compensation,improve the legal system of death compensation in China,in order to better protect the legitimate rights and interests of the close relationship of the deceased.Starting from cases in the judicial practice,this paper makes an in-depth analysis of such cases,carefully reviews relevant materials and figures out existing problems in China's death compensation system in the judicial practice,It also lists and comments on the theoretical disputes existing in the system of death compensation in China.At the same time,the paper analyzes and studies the relevant legal system of foreign countries,and combines with the actual situation of our country to draw lessons from,in order to try to break the old system of death compensation which is based on the damage of the near relatives of the deceased,in particular the problem of the application of the system of death compensation in the judicial application in the absence of the close relation of the deceased person is specially solved,meanwhile the dispute about the problem of "different price of the same life" caused by the disunity of the calculation standard of the death penalty is solved.This paper is divided into four parts: The first part is the introduction.It analyzes the problems of China's death compensation system from the perspective of judicialpractice: The nature of the death compensation is unclear,the subject of the claim is controversial and the standard of calculation is not uniform;The second part redefines the concept of death compensation and gives an overview of the various theories and functions of the death compensation system;The third part analyzes the legal system of death compensation in Germany,Italy,Belgium and Japan,and then provides reference for improving the legal system of death compensation in our country;The fourth part,according to the analysis and summary of the above three parts,puts forward my own suggestions to improve the legal system of death compensation in China: First of all,the nature of death compensation is redefined as compensation for material damage;Secondly,the scope of the subject of the claim for compensation for death is clearly defined,including the suggestion that the Civil Affairs Bureau should be the subject of claim for death compensation when the person in close relationship with the deceased is absent;Thirdly,we should draw lessons from the advanced legislation of foreign countries,and combine the concrete conditions of our country,draw up a unified standard for the calculation of death compensation.