Death Compensation Law Application Study

There are different opinions on how to apply the death compensation.In legislation,the rules for the application of death compensation are incomplete or even non-existent,which leads to the unconformity of this issue in judicial practice.Specifically,it mainly includes the fact that the nature of the death compensation is not clear,the calculation of the standard is complicated,and the distribution rules have not been issued.In order to re-identify the attributes of compensation,fully understand its calculation standards and construct corresponding distribution rules,this paper clarifies the above problems,regulates the judiciary,and improves the legislation through diversified argumentation.In the research method,using empirical analysis,introducing the symbolic interaction theory in sociology and the perspective of functionalism,fully demonstrate the application of the law of death compensation,for the?Civil Code · Tort Liability?(draft)(second draft)The compilation is added to the tile.The first chapter introduces the problems to be studied in this topic,the origin of the problem,the research background,and the research ideas.Chapter two : through the empirical analysis of the judgments related to death compensation in court judgments,it can be seen that the nature of death compensation has been controversial in practice departments and academia.In judicial practice,there are many viewpoints.In the academic world,the same situation exists.There is a disagreement on the determination of the metal nature of death compensation.The death compensation is not clear in the understanding of the calculation standard,and the issue involves interests;The compensation object and the distribution rules of the death compensation are not determined,thereby expanding the discretion of the judge.Chapter three:the identification of the nature of the death compensation is consistent with the determination of the subject of the death compensation,and the object of compensation is the dependents of the deceased,the dependents,etc.;through the doctrine and legislation of foreign and Chinese calculation standards for death compensation Analysis,the introduction of calculation standards should be combined with specific national conditions,while drawing on the advanced experience of foreign countries;some countries have the rules for the distribution of death compensation,China's legislation has not been determined,but such cases still exist in judicial practice,can be in the legislation Improve it.Chapter Four:in order to analyze the practicality of death compensation from the legislative and judicial aspects,the relevant provisions of the death compensation have been summarized to a certain extent,which clearly shows that the relevant regulations in China are complicated.In judicial practice,the referee 's basis and the scope of the referee are not Clearly ask questions.Therefore,sufficient attention should be paid to legislation.Chapter five: It is recommended to add two paragraphs based on the original provisions of the 956 th draft of the?Civil Code · Tort Liability Compilation?(draft)(second draft).Chapter six: Summarize the full text,summarize the topic selection,writing ideas,main content and specific practices.The main suggestion is that in the?Civil Code·Tort Liability Compilation?(draft)(second draft)956 Two paragraphs are added on the basis of regulations.