Research On Compensation For Infringement Death Damage

The main body of claim for compensation for tort death damage is the close relative who has economic and spiritual connection with the dead or the main body who has special interests.Second,the main body of claim is not to lose the legal qualification of the dead,but to compensate the material and spiritual aspects of the claim.First of all,the author carries out practical research including the legal norms of death compensation for tort and the problems exposed in the judicial practice of death compensation for tort.On this basis,the author explores the standard,distribution and death spirit compensation for death compensation.Secondly,regarding the standard of compensation for death damage caused by infringement,the central document requires the reform of compensation for personal damage,with the focus on the unification of compensation standard.Under this guidance,the Supreme Court authorized the provincial courts to carry out the pilot program.The biggest problem is that the compensation problem between different regions has not been changed,and the current situation of the compensation for "life price" and the unfair compensation standard has not been improved.Third,the death spirit compensation in China is relatively fixed compensation,the author thinks that this quota range is a little low to be further improved,but also should unify the national spiritual damage compensation interval quota,in this way to comply with the spirit of death damage compensation set the essential purpose is to comfort the spirit of the living.Finally,there is a second dispute about the compensation for death damage caused by tort,that is,the dispute over the distribution of the compensation for death damage among the torts.The root of the dispute is that there is no corresponding specific legal norms to be based on.On the basis of referring to the extraterritorial law and combining with the actual situation in China,the author boldly puts forward the steps and methods of compensation for death damage caused by tort.The compensation for tort death damage has always been a hot issue,mainly reflected in the unfair standard of compensation for death damage in legislation,the fuzziness of compensation for death spirit damage,and the distribution of compensation amount.and put forward countermeasures,so as to put forward the author's targeted plan for improving the death compensation for tort in China.