The Investigation Of Death Compensation System Of Our Country

Rights of life as the people's most basic rights is the foundation on which people enjoy all other rights and engage in other activities,therefore it's the best interests of legal protection. Death compensation which is based on the juristical fact that the victim died due to tort is an important part of relevant legal regulations. Death compensation is a certain amount of money that the injuring party pays to the victim's close relatives when person's right of life receives the illegal violation that causing the victim's close relatives'inherited reduction in expected future income. A number of laws, regulations, judicial interpretations of our country have stipulated death compensation, but the appellation and computational standard are not unity, even incompatible to each other, which badly damages the legal system and leads to the juridical confusion. The identification of nature of death compensation is the point at issue for academe, and this paper on the basis of analyzing the legal basis of death compensation defines the nature of the death compensation, then points out the deficiencies about death compensation system, finally proposes some suggestions to perfect the system. This paper mainly includes four parts:In the first part the author mainly summarizes the concept and characteristic of death compensation and the system's historical evolution of the domestic and foreign. The death compensation system is originated the homomorphism revenge in ancient times, which is a kind of paying money instead of revenging to compensate the remedies to life.In the second part the author seeks the legal basis on the death compensation system and defines the nature of death compensation. The author mainly analyzes the legal basis for the death compensation system from the rights of life and tort liability perspectives and comments on the theories about"the spiritual damage compensation said""dependent lose compensation said""inheritance loss compensation said"in order to confirm the exact nature of definition about death compensation.In the third part the author talks about problems of our country's law on death compensation system and the correlative hot topic. The author points out that death compensation's appellation inconsistencies and computational standard are not unified, then further reveals the system's inconsequence through in depth analyzing of the broad public dispute with"life different price with different people"and"killed than injured after traffic accident"which is popular among drivers.In the fourth part the author gives some suggestions on perfecting our country's death compensation system. Based on reference to the overseas death damage compensation and on the problems of death compensation system, the author puts forward the corresponding improvement suggestions, and specially points out to set up punitive compensation to control secondary damage after traffic accident which we can use product liability law'regulation on that for reference, so if the drive does secondary damage he should take on punitive compensation besides death compensation.