Research On Legal Issues Of Compensation For Death

Recently,several judgments caused to persistent large-scale discussion on compensation for death in our country.Heated discussions exposed its main problems in the operation of the existing compensation system,which"the people with same life who died in the accident can get different compensation",even a person who died get less than a juried person on damages.Such as, a lots of social problems and phenomena become concern and the focus of controversy.In the first of this paper,we analyse the nature of death compensation,besides,existing death compensation system reflects on its shortcomings based on the comparative study.Finally,compensation for death should establish a unified standard.This article have three parts including the introduction, body, and conclusion.Preamble by concrete cases leads to currently controversy of death compensation that "with the same life,with the fate of different prices."Body of the first chapter talk on China's current situation and existing problems of the current legislation analysis,to clarify the existing legal regime concerning the death compensation provisions based on the description of compensation for death and qualitative explored.Chapter II identified the nature of death compensation,firstly this part proposed a problem whether the life is compensability,analysing the characteristics of the right to life,and put forward the non-compensability of life.In addition,in response to different points of view on death compensation,the nature of compensation for death can be determined that death compensation is not compensation for the right to life itself but a result of the interests of the various realities of the loss caused by violations of the right to life.In the chapter III,the consideration factors of death compensation in our country include registration,nationality, region,working and other factors.Explore whether the elements are reasonable and they would constitute a reasonable difference in the right to equality.Chapter IV compare the death damages standards in different countries, moreover, regarding to the actual situation in China,the paper put forword a unified vision of death compensation standard.At last,the paper grasp the full text and talk on the death compensation in our country.