Legal Issues Of Compensation For Death

The most basic right to life is a citizen of civil rights, the enjoyment of other civil rights of citizens are based, are the source of all other rights.Person is only under the premise of the existence of life, it may carry out other activities, it may have other civil rights and assume civil obligations. Therefore, the right to life should be subject to special protection of the law. Acts of infringement of the right to life should demand that the wrongdoer liable for damages. In the personal injury compensation system, the death benefit is an important component. Compensation system in the death, the death compensation issue is the important and difficult. China's laws, regulations and judicial interpretation makes provision for death compensation system, but still not mature enough, especially in the death compensation system, there are still some problems, the nature of compensation for death, calculate the standard, the scope of the claimant and other issues, there are still some confusion. Also, in theory, compensation for death in the end what is the nature of the compensation? Who is the compensation? The scope of compensation include? Claim what is the basis of issues such as theoretical circles in our country do not have a clear understanding of the judicial practice in order to bring a series of problems.In this paper, as the research object of death compensation, death compensation related to the legal issues were discussed. In the first part, first by combing our current legislation, by the time the order for compensation for death is described the development process, through the introduction of this part of the compensation system can be seen death constantly tended in the Legislation mature. Followed by theorists of various theories for the current evaluation, mainly in the protection of life is priceless and perspective of the interests of close relatives of victims, compensation is not made of life and death in emotional damages are not, but close to the victim the death of relatives of the victims suffered because of the expected loss of income compensation.The second part is compensation for death of the legal claim. First, the inherent and inherited certain that the damage to that analysis, basically agree with the inherent damage to the victim said that the dual. Second, clarify the close relatives of victims have the right to request compensation for death, death compensation of the claimant's range: not all close relatives are entitled to claim compensation for death, but close relatives of the victim's right to inheritance only people who enjoy the death compensation claim. Finally, in the part of the death of the fetus to claim for compensation was briefly described. Part III discusses how the major death compensation system in China to perfect.That the system of compensation for death, in theory, legislative and judicial problems, and to put forward relevant suggestions accordingly.