Research On China's Death Compensation System

Death compensation system in China’s existing legal system involved in the legal and judicial interpretation of a lot,because it is an important private law to protect the natural rights of life protection and relief forms,more unique in the current Chinese legal system,It also with the Civil Law General Law to the tort law and other laws of continuous modification,improvement,in the judicial practice is used more,the protection of the right to life protection and relief played a significant role.At present,many legal documents in China have stipulated the death compensation,which involves the laws,administrative regulations,judicial interpretation and so on.These legal forms stipulate the nature of death compensation,the calculation standard and the subject of claim,but the practice proves that,At present,there are still some problems and problems in the legal system of death compensation system in China.In particular,there are big differences and disputes about the nature of death compensation,the standard of calculation,the subject of claim and so on.In order to solve these problems,this paper makes a comprehensive study on the problems involved in the death compensation system in China:The paper first defines the concept of death compensation system,expounds the role of death compensation system,briefly introduces the development history of death compensation system,defines the basic concept of death compensation,and then analyzes the death compensation system Change the trajectory to clarify.According to the current academic circles of the Chinese community on the nature of the differences of compensation and disputes,that is,death compensation in the end is a material damage compensation or a mental damage compensation,or both compensation there are such differences,argumentation of death compensation The nature of gold,especially the legal nature of the legal options received by the impact of the choice is very large,then the current legal system in China,the economic damage is not suitable for the definition of the nature of death compensation,material damage,that is,The prospect of compensation for loss of income is more profoundly revealing the nature of China’s death compensation.Through the analysis of China’s current law on the death penalty calculation standards,found that the calculation of death compensation by the Chinese region,natural person age,natural person’s household registration,revealing the Chinese death compensation system needs to calculate the standard principles and the same type of Kung Fu,continuous improvement.Chinese law,legal interpretation,judicial interpretation of the scope of death claims for the scope of the vague provisions of the judicial practice of the claims for death claims the scope of the difference is greater,undermine the unity of the law,therefore,the author combined Judicial practice experience,put forward four principles to deal with the current claims for death claims the vague problem.