Research On Legal Issues Of Death Compensation System

The death compensation for death compensation obligation refers to people because of improper behavior itself or its legal persons caused by others who died when dealing with the relevant people to assume relevant interests the losses.The death compensation system as the law of the right to life of a relief and protection method,is a kind of special the legal system in China's legal system,plays an important role in the system of compensation for death in modern judicial practice.Death compensation system of our country,from the general principles of civil law > and< < People's Republic of China > People's Republic of China tort law(hereinafter referred to as the "tort liability law")after years of development.Many legal documents such as"consumer protection law","people's Republic of China China National Compensation Law > >,< < the quality of the products.The Supreme People's Court on several issues for explanations of the trial of personal injury compensation cases have stipulated the system of compensation for death,but because of the complexity of the judicial practice on the death compensation system have some problems and loopholes and problems needs to be improved.First of all,the relevant legal compensation object of compensation for death to make the provisions of the victim's close relatives enjoy the claim for death compensation payments,in addition,if there are people enjoy the death compensation claim law does not make specific regulations;secondly,death compensation standard calculation of gold though made the relevant provisions of the judicial interpretation,but there are some shortcomings need to be improved;finally,the compensation allocation disputes about gold growing around the death,but death compensation allocation problem of the law has not made the explicit stipulation,which resulted in the judge when hearing the case,because there is no legal basis,which appeared in the different co contracting phenomenon,not only conducive to the protection of related rights of people,also has the authority and impartiality of the legal loss.Therefore,it is important to study the system of compensation for death.In this paper,the analysis of death compensation system is divided into six parts:The first part is the introduction mainly introduces the research purpose of death compensation,gold research significance,research status at home and abroad and the main research methods and innovation.On the death compensation system plays an important role in perfecting the life right relief system in our country,to solve the problems related to the compensation for the death of gold is conducive to resolving the contradiction between the families of victims the members of the victims,maintenance of family harmony,but also conducive to the maintenance of justice and authority of law.This paper uses the inductive analysis method,analysis of the current system of compensation for death is the comparative study of problems and shortcomings,and put forward their own views on the basis of previous studies,to solve the problems related to compensation for gold hope the death benefit.The second part is an overview of the system of compensation for the death of our country.The concept of compensation and death compensation legislation status of Kim's death in China.This article from the concept of compensation for death of the death compensation concept,in order to have a preliminary understanding and the understanding of death compensation,then the compensation for death the relevant laws and regulations of the specific and comprehensive analysis of the evolution of the death compensation system legislation,paves the way for the following exposition of compensation system is our country's death.The third part is the system of compensation for death in our country exist problems.First of all,China's death compensation exist different theories such as: dependent loss,loss of inheritance,the material level is maintained,at present the more respected level is put forward by Professor Zhang Xinbao must maintain that material;legislation exist at the same time.From the relevant laws,the judicial interpretation of the provisions on the death compensation is unreasonable;secondly,the death compensation scope of gold is too narrow,only provides close relatives can be used as compensation for death compensation to like,as for other people can become the main body of the right to claim compensation law is not clearly defined;although the compensation calculation standard stipulates the relevant judicial interpretations,but there are still unreasonable,is not conducive to the protection of the rights of the interests of the people;finally,the judicial practice of death compensation Distributionproblems,resulting in the court can not be fair and reasonable to deal with such disputes,damage the fairness and authority of the law.The fourth part is the investigation of legislation of death compensation payments abroad and Its Enlightenment to China.Through to Germany,Italy,the United States and other countries on the death compensation system for comparison,find the suitable social China required by law,to study,to improve our legislative system of compensation for death.The fifth part is to perfect the system of compensation for death in our country.The recommendations for the third part of this paper gives some advices of perfecting the death of some of the problems existing in the system of compensation for gold: first of all,on the death compensation theory of comparative analysis,clear the death compensation for the purpose of maintaining the rights of the victims the level of material life.Secondly,to expand the scope of compensation object,has increased the facts by the decedent dependents and victims out of wedlock in compensation distribution rights,and based on the original death compensation standard on reasonable proposals were put forward.Finally,improve the distribution system of compensation for death,the establishment of compensation for death distribution principle:first,protocol priority principle,the spirit of autonomy in civil law,if the parties in the allocation of compensation agreement has been reached.Under the condition,the principle should be based on the agreement to execute the death compensation allocation;second,fair and reasonable principle,in the premise of guarantee fair distribution,should also be based on the actual circumstances of the case are different reasonable distribution of compensation for death,to better protect the rights of human rights.Third,taking into account the principle of efficiency.In order to improve the efficiency of the proceedings,can also take some easy allocation method.In order to maintain the normal order of the value orientation of restrictions on the death compensation request.The sixth part is the conclusion,through the whole content of this paper is summarized and concluded...