Death,Disability Compensation System For The Application Of Legal Issues

Although there are multiple laws,administrative regulations,judicial interpretations,etc.for China ' s legislation,they are inconsistent and contradictory,which give rise to bewildered judicial adjudication.The Explanations of the Supreme People's Court Concerning Several Issues on the Applicable Law for Trial of the Personal Injury Compensation Cases as promulgated by the Supreme People's Court in 2003 and the Tort Liability Law of the People's Republic of China(hereinafter referred to as Tort Liability Law)as promulgated by the NPC Standing Committee in 2009 serve as stable legal basis for China's juridical practice on personal damage compensation.Therefore,China has made significant progress in terms of personal injury compensation system.But owing to imperfect legislation and irrational standards,many issues have occurred in the process of juridical practice,such as numerous personal damage compensation standards,inconsistent compensations,inadequate compensation for the loss of the infringed,and differentiated treatment under the same conditions.This paper is mainly divided into three parts.Through the historical development of the legal system of death and disability compensation,the author analyzes the status quo and the inadequacies of China's legal system on death and disability compensation and further sets forth the three logical levels on the legal system of the compensation for death from the perspective of legal principle.The paper also advances new concepts regarding the legal system on China's compensation for death when elaborating the application problems on the death and disability compensation system during incidental civil action.The first part discusses the outline and the historical development on the legal system concerning death and disability compensation.First,the author briefs the legal system concerning the compensation for death and specifies the definition and its connotation on the compensation for death.Second,the paper discusses the historical evolution on the legal system concerning the compensation for death at home and abroad,especially straightening the evolution on China's legal system regarding the current compensation for death.The second part discusses the status quo and the existing problems of China's legal system on compensation for death.Firstly,it elaborates the status quo on China's legal system on compensation for death and summarizes the problems in legislation and administration of justice.The paper goes on to point out that the inconsistent titles for the compensation for death,laws coming from multiple departments,diverse calculation standards for the compensation for death,inconsistent judicial practice and operation are the main issues at present.The third part discusses the new concept on the legal system of China's compensation for death and disability compensation.First,it is necessary to unify China's legislation on the legal system concerning the compensation for death and the disability compensation so as to ensure the consistency of laws.Second,improve the legislation definition.Third,the adjudicatory personnel are confirmed.Fourth,strengthen mediation.Fifth,establish punitive damages to embody the equality and value of life.