| The system of survivor compensation in tort law of PRC mainly has the characteristics of ambiguity in terms of legislative documentation,and judicial interpretation has primarily lead the the court adjudication of cases with respect to the lost of survivors.The legislative and judicial interpretations of the damage to survivors have undergone several changes,mainly reflected in amendments to their nature and calculation methods.At present,the system of survivor’s compensation conflicts with its legal basis,the compensation items are duplicated,the and the application in terms of statute in judicial hearing is inconsistent,and the calculation standards would sometimes be considered unfair.This article introduces the basic concepts of the system of survivor’s compensation in tort law,and elaborates on the significance of the existence of the system of survivor’s compensation.It also expounds the theory of the main controversy about the nature of this compensation,and tries to compare and distinguish between death itself and the compensation for survivor in connection with the death.Based on the abovementioned,this article enumerates the laws,judicial interpretations and administrative regulations in relation to compensation to survivor,introduces the current general legal framework of such compensation,and finally concludes that the system of survivor’s compensation is more complex,the rules are scattered.Moreover,to analyze the specific defects one by one in the second section.Secondly,the relevant system of survivor’s compensations including Germany,the United Kingdom,the United States,and Australia were collated,and a comparative law study was conducted.While highlighting the characteristics of the country’s relevant systems,it also clearly shows the institutional framework of each country.Among them,German legislation is more conservative,including compensation for mental damage to close relatives in death cases,which was formally established with the latest legislation this year.Anglo-American law countries led by the United States and the United Kingdom have relatively mature institutional designs for the system of survivor’s compensation,but there may still be huge differences between different states.Finally,from the calculation method,the calculation method of the relevant survivor’s damage in each country is explained and analyzed,so that the relevant regulations or spirit can be used for reference.Finally,the author puts forward suggestions for improving the system of survivor’s compensation.Through analysis,the author determines that the compensation to the survivor is a kind of property compensation,not compensation for loss of life or compensation for mental loss.Based on this,the concept of this compensation is defined,and it is hoped that a clear definition will exist in the form of legislation,and provide clear guidance for theoretical research and judicial practice.This article proposes to clarify the scope of subjects who would be entitled the right to make the claim and to extend the scope of "close relatives" to a certain extent,but not to extend the final scope infinitely so as to exceed the controllable scope.It also proposes that the system of survivor’s compensation should not exist Think about the order of compensation.On the basis of drawing on relevant laws outside the territory,this article attempts to propose a more complete calculation principle and calculation period of this compensation to ensure the scientific and reasonable operation of this system.This article examines the system of survivor’s compensation in China’s tort law from different perspectives.Try to optimize the system design of death compensation as much as possible on the basis of analyzing the existing relevant laws,in order to better the effect of judicial practice. |
