On The Establishment Of The Distribution System Of Death Compensation Income In China

The compensation for the violation of the right to life is a very important but very complicated issue.Its importance lies in the fact that life is the cornerstone of existence for every natural person.Only when life persists can natural persons exercise their free will and society can be formed and developed.Therefore,the compensation for the violation of the right to life must be cautious;the complexity lies in the fact that the loss of the right to life leads to the elimination of the subject of rights,which lead to many far-reaching judgments in judicial practice.Although for the infringement of the right to life of damage compensation in our country has a clearer definition,the death compensation system is relatively perfect,but neither The Tort Law of the People's Republic of China nor relevant judicial explanation about violations of the right to life compensation,for violations of the right to life to compensate income belongs,compensation content and the provisions of the income distribution and so on are still vague and lack of detailed rules.In the judicial practice,opinions on the judgment of the distribution of compensation for the loss of the right to life are also mixed.If it is not made clearly,the legal rights and interests of victims and their relatives cannot be protected,which is also quite different from the goal of safeguarding social and public interests.The research content of this topic is mainly divided into three parts.The first part is the basic summary of the income from death compensation,including the types of death compensation in the death compensation system,the attribution of death compensation and the compensation content.By clarifying the attribution and compensation content of the death compensation,the nature of death compensation can be clearly recognized,which lays a foundation for the following part to put forward the existing problems of death compensation and establish the distribution system of death compensation.The second part is to analyze the current situation of our country and combine the specific situation of the case trial in judicial practice,put forward our country's existing death compensation income dispute settlement problems.There are three main points: First,the principle of the distribution of death compensation income in China's current law is unclear,resulting in different judgments on the distribution of death compensation income disputes;Second,in judicial practice,the participation of the distribution subject in the distribution of death compensation income disputes The scoping is quite different,which may lead to the lack of protection of the legitimate rights and interests of the parties,the non-participation of the unreasonable profit of the distribution subject;Third,there is no current law on the distribution of death compensation income order and proportion,the death compensation income dispute judgment is unreasonable,affecting the judicial authority.The third part is the focus of this question.This part of the study is to establish a system for the distribution of income from death compensation.According to the analysis of the attribution of compensation for death compensation and the content of compensation in the first part,we should establish a similar distribution system,including the principle of distribution,the subject of participation in distribution,the order of distribution and the proportion of distribution,improve the distribution system of death compensation income in China,to make up for the gap in China's current law.