Concerning Compensation For Death

In recent years, tort death compensation by the focus of the society, academic research on "life" and "price" relationship between directly affected by the debate of the relevant provisions in the tort liability law enacted.The tort liability law clause 17: "because of the same tort caused many deaths with the same amount, it can determine the compensation for death." The establishment of the law, not only solved the social attention with the so-called "life different price" problem, but also reveals the respect for life. Based on the 17th tort liability law regulations as the breakthrough, by analyzing all kinds of theoretical perspectives, reveal compensation for death certain "in principle is same", "individual case of legal principles can be the difference", and the Chinese laws, regulations and judicial interpretations involved in the project and project death compensation for damages calculation method of analysis. Trying to be perfect in theory, and puts forward relevant legislative Suggestions.This paper points the following three parts:The first part of the legal system analyzes the nature of compensation for death,causes,compensation mode, according to China's current laws, regulations and judicial interpretations, through the different provisions of the nature of compensation for death in the range of controversy and include the ownership of the compensation for death in practice, it reveals the controversial death compensation computational standard and the problems existing in the compensation method.The second part pointed out that our country death compensation system present situation and the existence question, specifically, the domestic legislation not only the different laws,regulations and judicial interpretations, establishment of the death compensation program and various objective concrete calculation method, but also different at the same normative documents, death in the amount of damages also has difference. Meanwhile, foreign legislation value orientation and legislative standards for our country's legislation provided more legal thinking.The third part through to the death compensation system in legislation and judicial reflection of system operation.First, unified the legislation, death compensation system solve different rates and the same legal status law in the same tort law applicable death compensation cases, it analyzes the existing problems of legislation and judicial practice specific operation difficulties. Secondly, a clear tort liability law article 17 "in principle the same", "individual case different" principle of law, the same infringement cases of compensation for death in unified suitable problem and different infringement cases with reasonable fill in for the principle. then, tort death damage compensation amount certain process is deterministic (universal is approximately the same amount of compensation for) and uncertainty (exception considerations) process of unity of certainty shall is the main.