Research On The Death Compensation System In China

Every person has only one life. The right of life is the most important right for every one. The system of protecting the right of life has been established at present in our country, but along with society's development, some concrete systems could not adapt society's progress. Death compensation question itself is a contradictory aggregate, we should think about both faire and efficiency when we discuss this question. In the way to compensate the death, we should find the equality and to be able to manifest the difference which one person contributes to the society .In this article, I will discuss this question and indicate my opinion to this question.In the first part of this article, I have introduced the history of the development of compensation of the death, taking the change of the State Council, Work-related Injury Insurance Regulations for example. In this part, I give my opinion about the trends in compensation of the death: the type of compensation is increasing, the amount of compensation is increasing and compensation is moving close to equality gradually. In this part I also indicate that the change of economic is the basic reason why the compensation of the death changes.In the second part of this article, I have discussed the theory of the death compensation.At first, I have reviewed the theory of the death compensation. Then I have given my theory about the death compensation with the aid of some viewpoint about anticipated breaks a contract in contract. The concrete content is that the man who had been injured should have the right to ask for compensation if authority result is that the injury must be happen. In the case of the death compensation, this theory is that when the death result inevitably occurs, the victim has the right to ask for compensation before he is dead. He can ask for the compensation for corporeal damage and non-pecuniary harm, when the man die, the right should inherit by his successor. I thought this kind of theory may a better solution to the question why the successor has the right which correspond the compensation duty. The victim get the right before he die and the successor inherit it. In addition, the dead man's relative's right of the compensation for non-pecuniary harm is an absolute power, the relative get it because his own spirit has been injured.In the foundation of the theory above, this article elaborated some concrete questions further, such as the compensation for the lost of the life, the reason why the...