Research On The Compensation-for-Death System

At present, China's existing laws, administrative regulations and judicial interpretations concerning the provisions of compensation-for-death is relatively a chaos in that their contents conflict with each other and lack reasonable unified standards. Both the existing compensation-for-death system and the five published China's Infringement Behavior Draft Act have not formed a unified understanding. And there has been a consistent controversy on the nature of compensation-for-death system in the legal academic circle which constrains the development of its legislation and judicial practice. This paper, divided into four parts, aims to analyze the current status-quo and inadequacy of the legal system of compensation-for-death by examining the historical development of this legislation, and then illustrates this law from the perspective of jurisprudence, defines its nature, and finally put forwards three pieces of advice on how to perfect China's legal system concerning compensation-for-death based on the equality theory.Part One gives a brief generalization on the historical evolvement of China's compensation-for-death law. It first looks back on this system between the earlier part of founding new China and China's opening up to the outside world, and then offers a brief account of the development of the legal system since China's enforcement of the opening policy.Part Two is devoted to analyzing the current state and shortcomings of China's existing compensation-for-death law, and then makes a detailed generalization and summarization with regards to the existent problems in its legislation and judicial practice, and finally points out the predominating problem: this legal system lacks a consistent and unified definition, computing standards and judicial practice because of its diverse theoretical sources.Part Three defines the nature of the compensation-for-death system. First, it evaluates the different schools of the theories on the compensation-for-death nature, and then, based on the principles of compensation and the theory of the right to life, defines its nature as punitive compensation.Part Four proposes three pieces of advice on how to perfect China's existing compensation-for-death system. First, unify the legislation of China's compensation-for-death system; second, unify the legal regulations concerning the death compensation; third, unify the compensation standards.