The Problems Of The Death Compensation System And The Improvement

The system of compensation for death is an important part of the system of compensation for personal injury in our country.As a legal system,it mainly includes the claim of compensation for death compensation,the standard of compensation for compensation for death.And how to distribute the death compensation among the claimants.To study the death compensation system,we must first identify the nature of the death compensation,the nature of the death compensation,The nature of death compensation is the theoretical basis of the death compensation system,which is directly related to the delineation of the scope of the person in the claim,the determination of the standard of compensation,and the distribution of the compensation.The article first confirms the nature of death compensation.Secondly,the paper analyzes the main body,the standard of compensation and the problems of calculating amount one by one in the system of death compensation.First of all,it is necessary to clarify that the death compensation is not the relief to the right to life of the deceased.The death compensation can only be the compensation to the subject of the claim.It is not spiritual comfort,but property.The adoption of the theory of inheritance loss will give sufficient value to the discussion of the subsequent problems that have occurred in the victim's death determination.At the same time,it is more appropriate to adopt the theory of inheritance loss and maintenance loss,and can protect the rights and interests of the victim to the maximum extent.Secondly,in the present compensation system of our country,there are three major problems.The first problem is that there is a flaw in the setting of the claimant for the death compensation.The right of the claimant is not only ambiguous in terms of scope,there is no coherence between the claimant right holders,and no special claimant rights are set,and there is no provision for the definition of rights holders when the relatives are absent.The second problem is,duality in compensation standards leads to differentiation in compensation amount The standard of compensation for death has its own standard in different laws,and each place has its own standard of calculation.Local courts based on provincial or municipal death claims Although the minutes and guidance issued on the merits of the compensation cases have played a normative and guiding role,this is not universal.It cannot be applied to cases in the whole country.The current standard of compensation,mainly based on the distinction between urban and rural areas,leads to too large a difference in the amount of compensation,thus arousing social contradictions,which is a part that cannot be ignored in the perfection of the system of compensation for death.The third problem is that,The distribution of death compensation is lack of legal provisions.Only referring to the application of other department laws.In judicial practice,the amount of compensation for death compensation is calculated according to different principles.Finally,The first is to clarify the scope of the claimant.The clear scope of the scope provides a specific candidate for the subsequent establishment of the rank.The establishment of the sequence is based on the degree of closeness with the deceased.The degree of closeness can be the primary factor in the rank of the right holder,and consider the compensation problem in the absence of the right holder and make up for the loophole of the victim's identity.When the victim's near relative is absent,the presumption that the near relative exists does not increase the invasion.The obligations of the right holder.Special public welfare organizations should be set up to make up for the absence of close relatives of the victim.The second is the unified determination of the standard of compensation for death.This paper holds that in general cases,the standard of differential compensation should be adopted,and the standard of fixed compensation should be added.The difference between different subjects is taken into account in the combination of the two kinds of standards of compensation.Considering also the equality of the value of life,which can reflect the difference of the value created by the individual of life,It will not be the unfair phenomenon caused by the wide disparity in the amount of compensation standards across the country.The standard of fairness is not just about infringement On the basis of the commutation of human liability,if the infringer is subjectively intentional,a punitive clause shall be added to double the punishment of the perpetrator.The third is the question of the distribution of compensation for death,In the process of distribution of death compensation,it should be made clear that the death compensation is not an inheritance,and the death compensation is essentially different from the common property of husband and wife,and the principle of caring for the weak is adhered to in the process of redistribution.