Research On Death Compensation System In China

Right to life is the most important personality right. Legislation of death compensation system in China is not perfect, which has rule conflict, great compensation difference and other problems. Interpretation on Human Injury Compensation for Cases issued by the Supreme Court offers a uniform definition on compensation for death. However, there are still problems like urban and rural civilians different treatment, scope of compensation, unreasonable standard, narrow subject of claim right and etc. With combination of theory and practice, it starts with impairing the life right, based on legal principle of claim right of compensation for death, the viewpoints of"double direct injured person theory"and"gap acquisition theory"are proposed. It demonstrates that scope and nature of compensation for injury for death and puts forward the assumption for mental compensation system for the dead person before dying. It analyzes"negative loss"in compensation for death in the death compensation system and unreasonable factors in mental injury compensation and perfect suggestions are proposed. As for scope of subject of claim right, the claim right of support rights and interests for fetus and"expecting holder for support period"is proposed. Finally, it proposes some simple suggestions on legislation of death compensation system. Through comparison, the viewpoints of abolishing summary compensation system and etc. are given.