Analysis Of Death Compensation System

Life is the eternal goal that human beings are always pursuing .Life is considered as the highest interest of personality, the highest value of personality and the first dignity .However the life right has been neglected in the field of tort law. The legal protection of life right has gone through four phases: revenge of same state, free compensation, compelling, compensation and double compensation. Finally people set up the psychiatric damage system of life right. Whether from the perspective of life right itself or from human beings which exist dissimilating society , such protections are not enough.Through touching on the hypothesis that "death is a damage", the author analyses the inherent relationship between damage and compensation damage, damage and right. On the base of the analysis ,the author establishes a new damage way of "biologic damage", and applies it to the legal protection of life right. The establishing of "biologic damage" helps the person who has the life right indeed own the consequences. And it has positive influence on the re-molding of human beings' feelings, publicizing personal life right and developing jurisprudent theory.The author sets up three-level of the death damage on the hypothesis of "biologic damage". That three-system includes :the fact of losing life which causes the "biologic damage", losing life which causes the property damage of the dead's kin and the people's property damage who is been bringing up by the dead, the suffering of the dead's kin which causes to psychiatric damage compensation. In the process ofestablishing the system ,the author analyses some problems which have been disputed in the theory of law and practice, such as the requesting right of subject, the succession of requesting right ,the principle and calculation of damage compensation.