System Of Compensation Of Death

Nowadays, there is not a complete scientific system effectively that brought great trouble to the trial in China's current laws, administrative regulations and judicial interpretations of the provisions of compensation for death relative chaos. Some of the contents of articles even conflict with each other and the presentation varied all the time. Standard of compensation is neither uniform nor science and death ompensation determination exists a large amount of randomness, which are not conducive to safeguarding the solemnity of the law and authority. Not just the current system of compensation for death, even now published five of the draft law violations and the "PRC Tort Liability Act" (hereinafter referred to as "tort law") by the end of 2009 still adopted an evasive policy for the nature of death compensation and did not give a clear answer. There is also no unified understanding of the nature of academic compensation for death in the legal system of compensation for death and is also known as qualitative controversial death compensation which restricted the practice of legislative and judicial development process. This paper is divided into four parts including examining the development of the legal system context of compensation for death; analysis of the death compensation status and inadequate legal system; defining the nature of compensation for death from the legal perspective of the legal system of compensation for death and in the paper based on the theory of equality, on how to improve the legal system of compensation for death some suggestions.In the first part we just outlined the concept of death compensation, death compensation characteristics and the development of the process of discussion, especially the death of our compensation system evolved in recent years. We review the death compensation system of our country on the early days of reform and pening up and the reform and opening up the legal system of compensation for death of development. By defining the nature of death compensation, we can assess the nature of compensation for different theory of death firstly, then the right to life based on principles and theory of compensation, death compensation of more profound understanding of the concrete.The second part is the system of compensation for death situation and existing problems. Point out its shortcomings and lack of compensation for death in our country the status of the legal system, and then each of the legislative and judicial problems were summarized, pointing out different titles compensation for death, law many doors, many laws and regulations, system confusion, content and even conflicting, standards of calculating compensation for death of diversification, the current judicial practice is not one the main problems. These are bound to result in judicial practice, there are more problems and disputes.The first is the third part of the United States, Japan, tort law compensation system, an overview of death, and analysis "People's Republic of Tort Law," the legislative background, properly understood, "Tort Liability Act" on the meaning of death compensation, the judicial practice use situation. But "Tort Liability Act," Article XVII too vague, in practical operation will create new problems, should be further improvedThe fourth part:from the legal perspective of the scope of death compensation, death compensation for the legal system of the improvement proposals, recommended the establishment of a unified system of compensation for death, proposed deletion standards, unified by the previous year the average wage for urban workers. There is the establishment of a range, including consideration of the victim's age, real income, the injured, and so on.